0001564590-19-029706 Sample Contracts

SECOND AMENDMENT TO LICENSE AND DEVELOPMENT AGREEMENT
License and Development Agreement • August 7th, 2019 • Athenex, Inc. • Pharmaceutical preparations

This SECOND AMENDMENT TO LICENSE AND DEVELOPMENT AGREEMENT (this “Second Amendment”) is made and entered into as of this 18th day of June, 2019 (“Effective Date”) by and between Athenex, Inc., a corporation organized and existing under the laws of the state of Delaware, USA, with a principal place of business at 1001 Main Street, Suite 600, Buffalo, New York 14203 (“Athenex”), Almirall S.A., a corporation organized and existing under the laws of Spain with a principal place of business at Ronda del General Mitre 151, Barcelona 08022 (“Almirall”), and Almirall LLC (formerly named, Aqua Pharmaceuticals, LLC), a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 707 Eagleview Blvd., Suite 200, Exton, PA 19341 (“Almirall LLC”).

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Athenex Pharmaceutical Manufacturing Base Project in Chongqing Biomedical Industrial Park Supplementary Agreement (III)
Supplementary Agreement • August 7th, 2019 • Athenex, Inc. • Pharmaceutical preparations

In order to facilitate the investment and construction of the Athenex pharmaceutical manufacturing base project in Chongqing Biomedical Industrial Park, and to clarify the terms regarding the construction and installation of active pharmaceutical ingredient plant in the ‘Agreement of Athenex Pharmaceutical Manufacturing Base Project in Chongqing Maliu Riverside Development Zone’ (hereafter referred to as ‘Investment Agreement’), Party A and Party C, adhering to the principle of equality and mutual benefit and development, through friendly consultations, agree to reach this supplementary agreement.

AMENDMENT NO. 1 TO CREDIT AGREEMENT
Credit Agreement • August 7th, 2019 • Athenex, Inc. • Pharmaceutical preparations • New York

This AMENDMENT NO. 1 TO CREDIT AGREEMENT, dated as of April 22, 2019 (this “Agreement”), is entered into by and among Athenex, Inc., a Delaware corporation (the “Borrower”), the Lenders parties hereto, and Perceptive Credit Holdings II, LP, a Delaware limited partnership, as the Administrative Agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein or the context otherwise requires, terms used in this Agreement, including its preamble and recitals, have the meanings provided in the Credit Agreement (defined below).

AMENDMENT NO. 2 TO CREDIT AGREEMENT
Credit Agreement • August 7th, 2019 • Athenex, Inc. • Pharmaceutical preparations • New York

This AMENDMENT NO. 2 TO CREDIT AGREEMENT, dated as of August 5, 2019 (this “Agreement”), is entered into by and among Athenex, Inc., a Delaware corporation (the “Borrower”), the Lenders parties hereto, and Perceptive Credit Holdings II, LP, a Delaware limited partnership, as the Administrative Agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined herein or the context otherwise requires, terms used in this Agreement, including its preamble and recitals, have the meanings provided in the Credit Agreement (defined below).

Contract
Grant Disbursement Agreement • August 7th, 2019 • Athenex, Inc. • Pharmaceutical preparations

GRANT DISBURSEMENT AGREEMENT AMENDMENT by and between the New York State Urban Development Corporation d/b/a Empire State Development ("ESD" or the "Grantor") and Athenex, Inc. (the "Grantee").

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