Amendment to September 2019 Exchange Agreement and Amendment to Facility Agreement Sample Contracts

AMENDMENT TO SEPTEMBER 2019 EXCHANGE AGREEMENT AND AMENDMENT TO FACILITY AGREEMENT

Amendment to September 2019 Exchange Agreement and Amendment to Facility Agreement • December 18th, 2019 • Kempharm, Inc • Pharmaceutical preparations

• Contract Type
  Amendment to September 2019 Exchange Agreement and Amendment to Facility Agreement
• Filed
  December 18th, 2019
• Company
  Kempharm, Inc
• Industry
  Pharmaceutical preparations

This AMENDMENT TO SEPTEMBER 2019 EXCHANGE AGREEMENT AND AMENDMENT TO FACILITY AGREEMENT (including the schedules, annexes and exhibits hereto, this “Agreement”), dated as of December 17, 2019, is by and among KemPharm, Inc., a Delaware corporation (the “Borrower”), Deerfield Private Design Fund III, L.P. (“DPDF”) and Deerfield Special Situations Fund, L.P. (“DSS” and, together with DPDF, the “Lenders”). Capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the September 2019 Exchange Agreement (as defined below).