LOAN AGREEMENTLoan Agreement • March 12th, 2020 • Akebia Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS LOAN AGREEMENT (this “Agreement”), dated as of November 11, 2019 (the “Effective Date”) by and among AKEBIA THERAPEUTICS, INC., a Delaware corporation (as “Borrower”), KERYX BIOPHARMACEUTICALS, INC., a Delaware corporation (as an additional Credit Party), BIOPHARMA CREDIT PLC, a public limited company incorporated under the laws of England and Wales (as the “Collateral Agent” and a “Lender”) and BIOPHARMA CREDIT INVESTMENTS V (MASTER) LP, a Cayman Islands exempted limited partnership (as a “Lender”), provides the terms on which each Lender shall make, and Borrower shall repay, the Credit Extensions (as hereinafter defined). The parties hereto agree as follows:
GUARANTY AND SECURITY AGREEMENT Dated as of November 25, 2019 by AKEBIA THERAPEUTICS, INC. (as Borrower), KERYX BIOPHARMACEUTICALS, INC. (as a Guarantor) andGuaranty and Security Agreement • March 12th, 2020 • Akebia Therapeutics, Inc. • Pharmaceutical preparations • New York
WHEREAS, pursuant to the Loan Agreement dated as of November 11, 2019 (as the same may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Loan Agreement”) by and among Borrower, the Collateral Agent and the other parties thereto, Lenders agrees to make extensions of credit to Borrower upon the terms and subject to the conditions set forth therein;
