JANUARY 2020 EXCHANGE AGREEMENTJanuary 2020 Exchange Agreement • January 13th, 2020 • Kempharm, Inc • Pharmaceutical preparations • New York
Contract Type FiledJanuary 13th, 2020 Company Industry JurisdictionThis JANUARY 2020 EXCHANGE AGREEMENT (including the schedules, annexes and exhibits hereto, this “Agreement”), dated as of January 12, 2020, is by and among KemPharm, Inc., a Delaware corporation (the “Borrower”), and M. Kingdon Offshore Master Fund, LP (the “Lender”). Capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the Facility Agreement (as defined below).