OPEN MARKET SALE AGREEMENTSMOpen Market Sale Agreement • May 11th, 2022 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • New York
Xeris Biopharma Holdings, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through Jefferies LLC, as sales agent and/or principal (the “Agent”), shares of the Company’s common stock, par value $0.0001 per share (the “Common Shares”), having an aggregate offering price of up to $75,000,000, on the terms set forth in this agreement (this “Agreement”).
CREDIT AGREEMENT AND GUARANTY dated as of March 8, 2022 by and among XERIS PHARMACEUTICALS, INC., as the Borrower, XERIS BIOPHARMA HOLDINGS, INC., as Parent, THE SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO, as the Subsidiary Guarantors, THE...Credit Agreement • May 11th, 2022 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • New York
CREDIT AGREEMENT AND GUARANTY, dated as of March 8, 2022 (this “Agreement”), by and among Xeris Pharmaceuticals, Inc., a Delaware corporation (the “Borrower”), Xeris Biopharma Holdings, Inc., a Delaware corporation (“Parent”), certain Subsidiaries of Parent that may be required to provide Guaranties from time to time hereunder, each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders”), and Hayfin Services LLP, as administrative agent for the Lenders (in such capacity, the “Agent”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 11th, 2022 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • Delaware
This Amended and Restated Employment Agreement (“Agreement”) is made by and among Xeris Biopharma Holdings, Inc., a Delaware corporation (the “Parent”), Xeris Pharmaceuticals, Inc., a Delaware corporation and wholly-owned subsidiary of the Parent (the “Company”), and Beth P. Hecht (the “Executive”) and is effective as of the closing date of the transactions contemplated by the Transaction Agreement by and among Strongbridge Biopharma plc, the Company and the other parties set forth therein dated May 24, 2021 (the “Effective Date”).
ContractWarrant Agreement • May 11th, 2022 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • New York
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.2 AND 5.3 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
