FIFTH WAIVER AGREEMENT TO CREDIT AGREEMENTFifth Waiver Agreement • March 6th, 2018 • Kadmon Holdings, Inc. • Pharmaceutical preparations • New York
This FIFTH WAIVER AGREEMENT TO CREDIT AGREEMENT, dated as of March 2, 2018 (this “Agreement”), is entered into by and among Kadmon Pharmaceuticals, LLC, a Pennsylvania limited liability company (the “Borrower”), the guarantors party hereto and each of the lenders listed on the signature pages hereof under the heading “LENDERS”. Unless otherwise defined herein or the context otherwise requires, terms used in this Agreement, including its preamble and recitals, have the meanings provided in the Credit Agreement (defined below).
KADMON HOLDINGS, INC. STOCK APPRECIATION RIGHT AGREEMENTStock Appreciation Right Agreement • March 6th, 2018 • Kadmon Holdings, Inc. • Pharmaceutical preparations • Delaware
Kadmon Holdings, Inc. (the “Company”) has granted to the Participant named in the Notice of Grant of Stock Appreciation Right (the “Grant Notice”) to which this Stock Appreciation Right Agreement (For U.S. Participants with Employment Agreements) (the “SAR Agreement”) is attached a right to acquire shares of Stock (the “SAR”) upon the terms and conditions set forth in the Grant Notice and this SAR Agreement. The SAR has been granted pursuant to, and shall in all respects be subject to, the terms and conditions of the Kadmon Holdings, Inc. 2016 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of, and represents that the Participant has read and is familiar with, the Grant Notice, this SAR Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of shares i
