ESCROW AND DEPOSIT ACCOUNT CONTROL AGREEMENT among NEKTAR THERAPEUTICS, WELLS FARGO BANK, NATIONAL ASSOCIATION as Collateral Agent, and WELLS FARGO BANK, NATIONAL ASSOCIATION as Escrow Agent Dated as of July 11, 2012 ACCOUNT NUMBER: 00000000 SHORT...Escrow and Deposit Account Control Agreement • July 11th, 2012 • Nektar Therapeutics • Pharmaceutical preparations • New York
This Agreement is being entered into in connection with (i) the Purchase Agreement, dated July 3, 2012 (the “Purchase Agreement”), among the Company, Cowen and Company, LLC and CRT Capital Group LLC, as representative of the initial purchasers of the Notes (as defined herein) issued on the date hereof, (ii) the Indenture, dated as of July 11, 2012 (the “Indenture”), governing the Company’s 12% Senior Secured Notes due 2017 (the “Notes”), between the Company, the Trustee and the Collateral Agent, and (iii) the Pledge and Security Agreement, dated as of July 11, 2012 (the “Security Agreement”), between the Company and the Collateral Agent. Capitalized terms, which are used but not defined herein have the meanings specified therefor in the Security Agreement.
