Superpriority Debtor in Possession Loan and Security Agreement Sample Contracts

SUPERPRIORITY DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT
Superpriority Debtor in Possession Loan and Security Agreement • July 17th, 2023 • Novan, Inc. • Pharmaceutical preparations

THIS SUPERPRIORITY DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, “Agreement”) is entered into as of July 17, 2023 (“Effective Date”), among LIGAND PHARMACEUTICALS, INCORPORATED, a Delaware corporation (together with its successors and assigns, “Lender”), NOVAN, INC. a Delaware corporation (“Novan”) and EPI Health, LLC, a South Carolina limited liability company (“EPI” and, together with Novan, each, a “Borrower” and collectively, the “Borrowers”).

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