0001564590-18-021197 Sample Contracts

SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • August 10th, 2018 • Eiger BioPharmaceuticals, Inc. • Biological products, (no disgnostic substances)

THIS SECOND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of May 11, 2018, by and between OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and EIGER BIOPHARMACEUTICALS, INC., a Delaware corporation (“Parent”), EB Pharma, LLC, a Delaware limited liability company (“EB Pharma”) and EBPI Merger, Inc., a Delaware corporation (“EBPI”), each with offices located at 2155 Park Blvd., Palo Alto, CA 94306 (Parent, EB Pharma and EBPI, individually and collectively, jointly and severally, “Borrower”).

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AMENDMENT #6 TO LICENSE AGREEMENT
License Agreement • August 10th, 2018 • Eiger BioPharmaceuticals, Inc. • Biological products, (no disgnostic substances)

This Amendment #6 to License Agreement (“Amendment #6”) is entered into as of the date of last signature below (“Amendment #6 Effective Date”) by and between Merck Sharp & Dohme Corp. (formerly known as Schering Corporation), a New Jersey corporation having a place of business at 2000 Galloping Hill Road, Kenilworth, NJ 07033 (“Merck”) and Eiger BioPharmaceuticals, Inc., a Delaware corporation having a place of business at 350 Cambridge Avenue, Suite 350, Palo Alto, CA 94306 (“Licensee”) (each of Merck and Licensee, a “Party”, and together, the “Parties”) to amend that certain License Agreement between the Parties dated September 3, 2010, as amended on January 18, 2011 and subsequently first amended June 11, 2013, as second amended November 20, 2014, as third amended March 6, 2015, as fourth amended June 9, 2015, and as fifth amended December 15, 2015 (collectively, the “Agreement”).

Collaboration AND Supply Agreement
Collaboration and Supply Agreement • August 10th, 2018 • Eiger BioPharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

This Collaboration and Supply Agreement (“Agreement”) is made and entered into as of May 15, 2018 (the “Effective Date”) by and between Eiger BioPharmaceuticals, Inc., a Delaware corporation having a place of business at 350 Cambridge Avenue, Suite 350, Palo Alto, CA 94306 (“Eiger”), and The Progeria Research Foundation, Inc., a 501(c)(3) not-for-profit organization currently located at 200 Lake St., Peabody MA 01960 (“PRF”). Eiger and PRF are individually referred to as a “Party” and collectively referred to as the “Parties.”

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