0001564590-16-012531 Sample Contracts

DEFINITIONS Section 1.01. Definitions 1 Section 1.02. References to Interest 11 ARTICLE 2 ISSUE, DESCRIPTION, EXECUTION, REGISTRATION AND EXCHANGE OF NOTES Section 2.01. Designation and Amount 11 Section 2.02. Form of Notes 11 Section 2.03. Date and...
Indenture • February 9th, 2016 • Kempharm, Inc • Pharmaceutical preparations • New York

INDENTURE dated as of February 9, 2016 between KemPharm, Inc., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. Bank National Association, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).

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THIRD AMENDMENT TO FACILITY AGREEMENT, SENIOR SECURED CONVERTIBLE NOTE AND WARRANT
Facility Agreement • February 9th, 2016 • Kempharm, Inc • Pharmaceutical preparations • New York

THIRD AMENDMENT TO FACILITY AGREEMENT AND SECOND AMENDMENT TO SENIOR SECURED CONVERTIBLE NOTE AND WARRANT (this “Amendment”), dated as of February 3, 2016, by and among KEMPHARM, INC., a Delaware corporation (the “Borrower”) and DEERFIELD PRIVATE DESIGN FUND III, L.P. (the “Lender” and together with the Borrower, the “Parties”).

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