0001564590-19-042962 Sample Contracts

WAIVER AND FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • November 12th, 2019 • Akebia Therapeutics, Inc. • Pharmaceutical preparations • Massachusetts

This WAIVER AND FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of this 31st day of July, 2019, by and between Silicon Valley Bank (“Bank”) and KERYX BIOPHARMACEUTICALS, INC., a Delaware corporation (“Borrower”).

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SUBLEASE
Sublease • November 12th, 2019 • Akebia Therapeutics, Inc. • Pharmaceutical preparations • Delaware

This instrument is a Sublease (this “Sublease”) dated as of September 9, 2019 between KERYX BIOPHARMACEUTICALS, INC., a Delaware corporation (“Sublessor”), and FOUNDATION MEDICINE, INC., a Delaware corporation (“Sublessee”).

SECURITY AGREEMENT
Security Agreement • November 12th, 2019 • Akebia Therapeutics, Inc. • Pharmaceutical preparations

This SECURITY AGREEMENT (this “Agreement”) is entered into as of August 7, 2019, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”) and AKEBIA THERAPEUTICS, INC., a Delaware corporation (“Debtor”), with an office located at 245 First Street, Suite 1400, Cambridge, Massachusetts 02142.

UNCONDITIONAL GUARANTY
Unconditional Guaranty • November 12th, 2019 • Akebia Therapeutics, Inc. • Pharmaceutical preparations • Massachusetts

This continuing Unconditional Guaranty (“Guaranty”) is entered into as of August 7, 2019, by AKEBIA THERAPEUTICS, INC. (“Guarantor”), in favor of Silicon Valley Bank (“Bank”).

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