Convertible Notes Agreement Sample Contracts

250,000,000 4.75% CONVERTIBLE NOTES DUE DECEMBER 1, 2006 Between
Convertible Notes Agreement • January 15th, 2002 • Rite Aid Corp • Retail-drug stores and proprietary stores • New York
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CONVERTIBLE NOTES
Convertible Notes Agreement • March 14th, 2017

$485,000 and detailed in Appendix 3B (lodged with ASX on 28 February 2017) and Appendix 3Y (lodged with ASX on 1 March 2017). The Company seeks to clarify that the Hicks Agreement is in actual fact a converting loan agreement with a related party and therefore the convertible loan is treated as a loan and not a security until the loan is converted. In regards to the Hicks Agreement, shareholder approval under ASX Listing Rule 10.11 is required to allow convertibility. The Company has also entered into a number of similar convertible note agreements with other third party unrelated investors. These do not require shareholder approval.

Executed Version Agreement for the Issuance and Subscription of Convertible Notes dated as of December 8, 2020 by and between
Convertible Notes Agreement • April 29th, 2021 • Wisekey International Holding S.A. • Services-computer processing & data preparation

regarding the grant of a convertible loan facility denominated in notes convertible into registered shares, par value CHF 0.05 each, of the Issuer

AMGEN
Convertible Notes Agreement • November 14th, 2016 • Unilife Corp • Surgical & medical instruments & apparatus
AGREEMENT REGARDING CONVERTIBLE NOTES
Convertible Notes Agreement • May 1st, 2020 • Vivus Inc • Pharmaceutical preparations • New York

This AGREEMENT (this “Agreement”), dated as of April 29, 2020 and effective as of the Effective Date (as defined herein), is by and between VIVUS, INC., a Delaware corporation (the “Company”), and Icahn Enterprises Holdings L.P. (dba IEH Biopharma LLC), the holder of the Convertible Notes (as defined below) signatory hereto (the “Holder”). Reference is hereby made to the Indenture, dated as of May 21, 2013 (as amended and supplemented, the “Indenture”), by and among the Company and Deutsche Bank Trust Company Americas, as trustee (the “Trustee”) for the holders of the 4.50% Convertible Senior Notes Due 2020 (“Convertible Notes”) issued pursuant to the Indenture. Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Indenture.

TERMS AND CONDITIONS OF THE CONVERTIBLE NOTES
Convertible Notes Agreement • December 20th, 2018

Affiliate Means with respect to a person, any other person that, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such person.

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