Cerecor Inc. Shares of Common Stock (par value $0.001 per share) Controlled Equity OfferingSM Sales AgreementCerecor Inc. • July 2nd, 2021 • Pharmaceutical preparations • New York
Cerecor Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. and RBC Capital Markets, LLC (each individually an “Agent” and collectively the “Agents”), as follows:
Risks Related to our Financial Position Raising funds through lending arrangements may restrict our operations or produce other adverse results.Cerecor Inc. • July 2nd, 2021 • Pharmaceutical preparations
Our current loan agreement (the “Loan Agreement”) with Horizon Technology Finance Corporation and Powerscourt Investments XXV, LP (collectively, the “Lenders”), which we entered into in June 2021, contains a variety of affirmative and negative covenants, including required financial reporting, limitations on certain dispositions of assets, limitations on the incurrence of additional debt and other requirements. To secure our performance of our obligations under this Loan Agreement, we granted a security interest in substantially all of our assets, other than certain intellectual property assets, to the Lenders. Our failure to comply with the covenants in the Loan Agreement, the occurrence of a material impairment in our prospect of repayment or in the perfection or priority of the Lender’s lien on our assets, as determined by the Lenders, or the occurrence of certain other specified events could result in an event of default that, if not cured or waived, could result in the acceleratio
