SECOND AMENDED AND RESTATED SENIOR SECURED CONVERTIBLE NOTEFacility Agreement • May 7th, 2020 • Neos Therapeutics, Inc. • Pharmaceutical preparations • New York
FOR VALUE RECEIVED, NEOS THERAPEUTICS, INC., a Delaware corporation (the “Company”), hereby promises to pay to [_], or its registered assigns (the “Holder”) the principal amount of [_] dollars ($[_]), pursuant to, and in accordance with, the terms of that certain Facility Agreement, dated as of May 11, 2016, as amended by a First Amendment to Facility Agreement, dated as of June 1, 2017, a Second Amendment to Facility Agreement, dated as of November 5, 2018 (the “Second Amendment”), a Third Amendment to Facility Agreement, dated as of March 26, 2019 (the “Third Amendment Date”), a Fourth Amendment to Facility Agreement, dated as of October 2, 2019, and a Fifth Amendment to Facility Agreement, dated as of May 6, 2020 (the “Fifth Amendment”), in each case, by and among the Company, the Guarantors specified therein and the Lenders party thereto (as so amended, together with all exhibits and schedules thereto and as may be further amended, restated, modified and supplemented from time to t
FIFTH AMENDMENT TO FACILITY AGREEMENTFacility Agreement • May 7th, 2020 • Neos Therapeutics, Inc. • Pharmaceutical preparations • New York
This FIFTH AMENDMENT TO FACILITY AGREEMENT (this “Amendment”) is entered into as of May 6, 2020, by and among NEOS THERAPEUTICS, INC., a Delaware corporation (the “Borrower”), NEOS THERAPEUTICS COMMERCIAL, LLC, a Delaware limited liability company (“Commercial”), NEOS THERAPEUTICS BRANDS, LLC, a Delaware limited liability company (“Brands”), NEOS THERAPEUTICS, LP, a Texas limited partnership (“Neos LP”), PHARMAFAB TEXAS, LLC, a Texas limited liability company (“PharmaFab”, together with Commercial, Brands and Neos LP, each individually a “Guarantor”, and collectively, the “Guarantors”), DEERFIELD PRIVATE DESIGN FUND III, L.P. (“DPDF”), DEERFIELD PARTNERS, L.P. (“DP”, and together with DPDF collectively referred to as the “Lenders”), and DEERFIELD MGMT, L.P., as collateral agent for itself, the Lenders and the other Secured Parties (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent” and together with the Borrower, the Guarantors and Agent, co
