AMENDMENT #5 TO CREDIT AGREEMENT AND AMENDMENT TO WARRANT CERTIFICATECredit Agreement • August 16th, 2018 • Kadmon Holdings, Inc. • Pharmaceutical preparations
Contract Type FiledAugust 16th, 2018 Company IndustryThis AMENDMENT #5 TO CREDIT AGREEMENT AND AMENDMENT TO WARRANT CERTIFICATE, dated as of August 15, 2018 (this “Fifth Amendment”), is made among KADMON PHARMACEUTICALS, LLC, a Pennsylvania limited liability company (the “Borrower”), certain Affiliates of the Borrower listed on the signature pages hereof under the heading “GUARANTORS” (each a “Guarantor” and, collectively, the “Guarantors”), Perceptive Credit Holdings, LP, as Collateral Representative (the “Collateral Representative”), and the lender listed on the signature pages hereof under the heading “LENDER” ( “Lender” and, collectively with any other future lenders pursuant to the terms of the Credit Agreement (as defined below), the “Lenders”), with respect to the Credit Agreement referred to below.