VERASTEM, INC. and WILMINGTON TRUST, NATIONAL ASSOCIATION as Trustee and Collateral AgentIndenture • November 20th, 2019 • Verastem, Inc. • Pharmaceutical preparations • New York
close of trading of the primary trading session on such VWAP Trading Day (or, if such volume-weighted average price is unavailable, the market value of one (1) share of Common Stock on such VWAP Trading Day, determined, using a volume-weighted average price method, by a nationally recognized independent investment banking firm the Company selects). The Daily VWAP will be determined without regard to after-hours trading or any other trading outside of the regular trading session.
TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 20th, 2019 • Verastem, Inc. • Pharmaceutical preparations
This Fifth Amendment to Loan and Security Agreement (this “Amendment”) is dated as of November 14, 2019 and is entered into by and among (a) VERASTEM, INC., a Delaware corporation (“Borrower”), (b) the several banks and other financial institutions or entities from time to time parties to the Loan Agreement (collectively, referred to as “Lender”) and (c) HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement (as defined below).
