January 2020 Exchange Agreement Sample Contracts

JANUARY 2020 EXCHANGE AGREEMENT
January 2020 Exchange Agreement • January 13th, 2020 • Kempharm, Inc • Pharmaceutical preparations • New York

This 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).

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