0001564590-17-003026 Sample Contracts

SEPARATION AND RELEASE OF CLAIMS AGREEMENT
Separation and Release of Claims Agreement • March 1st, 2017 • Merrimack Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts

This Separation and Release of Claims Agreement (the “Agreement”) is made as of the Effective Date (as defined below) between Merrimack Pharmaceuticals, Inc. (the “Company”) and Robert J. Mulroy (“Executive”) (together, the “Parties”).

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FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 1st, 2017 • Merrimack Pharmaceuticals Inc • Pharmaceutical preparations • New York

This First Amendment to Loan and Security Agreement (this “First Amendment”) is made and entered into as of the latest dated signature on the signature page hereto by and between MERRIMACK PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), and BIOPHARMA CREDIT INVESTMENTS IV SUB, LP, a Cayman Islands exempted limited partnership (“Lender”).

EMPLOYMENT AGREEMENT
Employment Agreement • March 1st, 2017 • Merrimack Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts

This Employment Agreement (this “Agreement”), dated as of January 17, 2017, is entered into by and between Merrimack Pharmaceuticals, Inc., a Delaware corporation with a place of business at One Kendall Square, Suite B7201, Cambridge, Massachusetts 02139 (the “Company”), and Richard Peters (the “Employee”).

Amendment No. 8 to Sublease
Eighth Amendment • March 1st, 2017 • Merrimack Pharmaceuticals Inc • Pharmaceutical preparations

This Amendment No. 8 (the “Eighth Amendment”) is effective as of January 1, 2017 (the “Eighth Amendment Effective Date”) by and between Silver Creek Pharmaceuticals (“Subtenant”) and FibroGen, Inc. (“FibroGen”). This Eighth Amendment amends the Sublease entered into by and between Subtenant and FibroGen on August 6, 2010 (the “Sublease”), as previously amended (the “Prior Amendments”). Subtenant and FibroGen shall be referred to individually herein as a “Party”, and collectively as, the “Parties”.

LOAN AND SECURITY AGREEMENT Dated as of November 8, 2016
Loan and Security Agreement • March 1st, 2017 • Merrimack Pharmaceuticals Inc • Pharmaceutical preparations • New York

THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of November 8, 2016 (the “Effective Date”) by and between MERRIMACK PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), and BIOPHARMA CREDIT INVESTMENTS IV SUB, LP, a Cayman Islands exempted limited partnership (“Lender”), provides the terms on which the Lender shall make, and Borrower shall repay, the Credit Extensions (as hereinafter defined). The parties hereto agree as follows:

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