Kempharm, Inc Sample Contracts

October 16th, 2019 · Common Contracts · 679 similar
Kempharm, IncKEMPHARM, INC. AND _____________, AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF __________

THIS COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [●], between KEMPHARM, INC., a Delaware corporation (the “Company”), and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).

October 16th, 2019 · Common Contracts · 321 similar
Kempharm, IncKEMPHARM, INC. AND _____________, AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF __________

THIS DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of [●], between KEMPHARM, INC., a Delaware corporation (the “Company”), and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).

October 5th, 2018 · Common Contracts · 309 similar
Kempharm, Inc8,333,334 Shares KEMPHARM, INC. Common Stock UNDERWRITING AGREEMENT
October 3rd, 2016 · Common Contracts · 216 similar
Kempharm, IncKEMPHARM, INC. COMMON STOCK SALES AGREEMENT
January 8th, 2021 · Common Contracts · 211 similar
Kempharm, IncSHARES OF COMMON STOCK, _____________ SERIES B WARRANTS (EXERCISABLE FOR _________SHARES) AND _____________ SERIES A WARRANTS (EXERCISABLE FOR _________SHARES) OF KEMPHARM, INC. UNDERWRITING AGREEMENT

The undersigned, KemPharm, Inc., a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of KemPharm, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Roth Capital Partners, LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.

February 18th, 2020 · Common Contracts · 134 similar
Kempharm, IncPURCHASE AGREEMENT

THIS PURCHASE AGREEMENT (the “Agreement”), dated as of February 17, 2020 (the “Execution Date”), is entered into by and between KEMPHARM, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”). Capitalized terms used herein and not otherwise defined herein are defined in Section 1 hereof.

February 18th, 2020 · Common Contracts · 25 similar
Kempharm, IncREGISTRATION RIGHTS AGREEMENT

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 17, 2020, is entered into by and between KEMPHARM, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with its permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).

May 13th, 2016 · Common Contracts · 9 similar
Kempharm, IncKemPharm, Inc. Amended and Restated Employment Agreement Sven Guenther Effective as of April 13, 2016

This Amended and Restated Employment Agreement (“Agreement”) is made and entered into effective as of April __, 2016 (the “Effective Date”), by and between KemPharm, Inc., a Delaware corporation (the “Company”) and Sven Guenther (“Executive”) (each being a “Party” hereto and together constituting the “Parties”).

August 13th, 2019 · Common Contracts · 6 similar
Kempharm, IncJune 28, 2019
November 14th, 2019 · Common Contracts · 5 similar
Kempharm, IncAGREEMENT TO TERMINATE CLA BETWEEN MONOSOL RX, LLC AND KEMPHARM, INC. DATED AS OF MARCH 20, 2012

This Agreement to Terminate CLA (“Agreement”), dated as of March 20, 2012 (the “Effective Date”), is between KemPharm, Inc., an Iowa corporation with its principal offices at 7 Hawkeye Drive, Suite 103, North Liberty, Iowa 52317 (“KemPharm”), and MonoSol Rx, LLC, a Delaware limited liability company with its principal offices at 30 Technology Drive, Warren, New Jersey, 07059 (“MSRx”).

March 11th, 2015 · Common Contracts · 5 similar
Kempharm, IncKEMPHARM, INC. INDEMNIFICATION AGREEMENT

This INDEMNIFICATION AGREEMENT, dated and effective as of (this “Agreement”), is by and between KEMPHARM, INC., a Delaware corporation (the “Company” (as such definition is further expanded below)), , and, if such individual is a Director serving the Company as a representative of an entity, (each an “Indemnitee” and collectively, the “Indemnitees”).

April 3rd, 2015 · Common Contracts · 3 similar
Kempharm, IncMATERIAL SUPPLY AGREEMENT

This Agreement is made and entered into and effective as of November 2, 2009 (the “Effective Date”) by and between Johnson Matthey Inc., a Pennsylvania corporation (“JMI”) and KemPharm, Inc., an Iowa corporation, with corporate headquarters located at 7 Hawkeye Drive Suite 103 North Liberty, IA 52317 (“Company”). This Agreement may be referenced in orders and other correspondence related hereto as Agreement No. 656

April 3rd, 2015 · Common Contracts · 3 similar
Kempharm, IncASSET PURCHASE AGREEMENT between SHIRE LLC and TRAVIS C. MICKLE, PH.D., AND KEMPHARM, INC. dated as of March 21, 2012

THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is hereby entered into as of March 21, 2012 (the “Execution Date”) by and between, on the one hand, Shire LLC, a corporation organized and existing under the laws of Kentucky with its principal place of business in Florence, Kentucky (“Shire”), and, on the other hand, Travis C. Mickle, Ph.D. (“Travis Mickle”) and KemPharm, Inc., a corporation organized and existing under the laws of Iowa with its principal place of business in North Liberty, Iowa, and its Affiliates (as defined in Article 1) (“KemPharm,” and, collectively with Travis Mickle, the “KemPharm Parties”). Shire and the KemPharm Parties may each be referred to herein individually as a “Party,” and collectively as the “Parties.”

November 14th, 2019 · Common Contracts · 3 similar
Kempharm, IncAugust 23, 2019
March 30th, 2018 · Common Contracts · 2 similar
Kempharm, IncLEASE DOCUMENT FOR THE UNIVERSITY OF IOWA BIOVENTURES CENTER

THE LEASE MADE AND ENTERED INTO THIS, 5th of September, 2017, by and between Board of Regents, State of Iowa, for the use and benefit of the University of Iowa, hereinafter referred to as LESSOR, and KemPharm, Inc., hereinafter referred to as the LESSEE. LESSOR and LESSEE are jointly referred to as the "parties".

March 11th, 2015 · Common Contracts · 2 similar
Kempharm, IncContract

THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAW, AND MAY NOT BE SOLD, TRANSFERRED, ASSIGNED, PLEDGED, HYPOTHECATED OR OTHERWISE DISPOSED OF OR EXERCISED UNLESS (I) A REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS SHALL HAVE BECOME EFFECTIVE WITH REGARD THERETO, OR (II) AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS IS AVAILABLE IN CONNECTION WITH SUCH OFFER, SALE OR TRANSFER.

March 11th, 2015 · Common Contracts · 2 similar
Kempharm, IncKEMPHARM, INC. INCENTIVE STOCK OPTION AGREEMENT

THIS KEMPHARM, INC. INCENTIVE STOCK OPTION AGREEMENT is entered into by and between KEMPHARM, INC., an Iowa corporation with its principal office at 2656 Crosspark Road, Suite 100, Coralville, IA 52241, and , whose address is set forth beneath the Participant’s signature page hereto.

November 13th, 2015 · Common Contracts · 2 similar
Kempharm, IncAmendment to Employment Agreement

This Amendment to Employment Agreement is made and entered into as of October 13, 2015 (this “Amendment”) by and among KemPharm, Inc., a Delaware corporation (the “Company”), and Christal Mickle (the “Executive”).

March 11th, 2015 · Common Contracts · 2 similar
Kempharm, IncKEMPHARM, INC. EMPLOYMENT AGREEMENT GORDON K. JOHNSON DATED JULY 10, 2013

This EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into effective as of the 10th day of July 2013, by and between KEMPHARM, INC., an Iowa corporation (the “Company”) and GORDON K. JOHNSON (“Executive”) (each being a “Party” hereto and together constituting the “Parties”).

March 11th, 2015 · Common Contracts · 2 similar
Kempharm, IncFACILITY AGREEMENT

FACILITY AGREEMENT (this “Agreement”), dated as of June 2, 2014, between KemPharm, Inc., a Delaware corporation (the “Borrower” or a “Credit Party”), and the lenders set forth on the signature page of this Agreement (the “Lenders” and, together with the Borrower, the “Parties”).

December 18th, 2015 · Common Contracts · 2 similar
Kempharm, IncSECOND AMENDMENT TO FACILITY AGREEMENT

SECOND AMENDMENT TO FACILITY AGREEMENT (this “Amendment”), dated as of December 17, 2015, by and among KEMPHARM, INC., a Delaware corporation (the “Borrower”) and, DEERFIELD PRIVATE DESIGN FUND III, L.P. (the “Lenders” and together with the Borrower, the “Parties”).

March 11th, 2015 · Common Contracts · 2 similar
Kempharm, IncLEASE — BUSINESS PROPERTY (Board as Landlord)

THIS LEASE AGREEMENT, MADE AND ENTERED INTO THIS 6th day of September, 2013, by and between KemPharm, Inc. (hereinafter called Tenant) whose address for the purpose of this lease is 7 Hawkeye Drive, North Liberty, IA 52317 and the Board of Regents, State of Iowa for the Use and Benefit of the University of Iowa (hereinafter called Landlord) whose address for the purpose of this lease is The University Business Office, 2660 UCC, Iowa City, IA 52242

March 11th, 2015 · Common Contracts · 2 similar
Kempharm, IncKEMPHARM, INC. NON-QUALIFIED STOCK OPTION AGREEMENT

THIS KEMPHARM, INC. NON-QUALIFIED STOCK OPTION AGREEMENT is entered into by and between KEMPHARM, INC., an Iowa corporation with its principal office at 2656 Crosspark Road, Suite 100, Coralville, IA 52241, and , whose address is set forth beneath the Participant’s signature page hereto.

December 28th, 2020
Kempharm, IncAMENDMENT TO FACILITY AGREEMENT, NOTES AND TO DECEMBER 2020 EXCHANGE AGREEMENT

This AMENDMENT TO FACILITY AGREEMENT, NOTES AND DECEMBER 2020 EXCHANGE AGREEMENT (including the schedules, annexes and exhibits hereto, this “Agreement”), dated as of December 24, 2020, is by and among KemPharm, Inc., a Delaware corporation (the “Borrower”), Deerfield Private Design Fund III, L.P. (“DPDF”), Deerfield Special Situations Fund, L.P. (“DSS” and, together with DPDF, the “Deerfield Lenders”). Capitalized terms used but not otherwise defined in this Amendment shall have the meanings given to them in the Facility Agreement (as defined below).

November 9th, 2018
Kempharm, IncSeparation Agreement and General Release

THIS SEPARATION AND GENERAL RELEASE (the “Agreement”) is made as of this day 5th of September , 2018, by and between Daniel L. Cohen (“Executive”) and KemPharm, Inc. (the “Company”).

November 20th, 2018
Kempharm, IncContract

THIS FIRST SUPPLEMENTAL INDENTURE, dated as of November 20, 2018 (this “Supplemental Indenture”), is between KEMPHARM, INC. a corporation duly organized and existing under the laws of the State of Delaware, as issuer (the “Company”), and U.S. Bank National Association, a national banking association organized under the laws of the United States of America, as trustee (the “Trustee”), to the Indenture, dated as of February 9, 2016 (as supplemented or otherwise modified prior to the date hereof, the “Indenture”), between the Company and the Trustee.

March 11th, 2015
Kempharm, IncBOARD OF DIRECTORS SERVICES AGREEMENT

This Board of Directors Services Agreement (this “Agreement”) is effective as of January 1, 2014 (the “Effective Date”) by and between KemPharm, Inc., an Iowa corporation (the “Company”), and Joseph B. Saluri, an individual with a principal place of residence in Adel, Iowa (the “Director”) (each a “Party” and together, the “‘Parties”).

December 28th, 2020
Kempharm, IncJoinder Agreement

Reference is hereby made to that certain December 2020 Exchange Agreement and Amendment to Facility Agreement and Investors’ Rights Agreement, dated as of December 20, 2020 (the “Exchange Agreement”), among KemPharm, Inc., Deerfield Private Design Fund III, L.P., Deerfield Special Situations Fund, L.P. and such other lenders that become a party thereto by executing a joinder agreement.

December 28th, 2020
Kempharm, IncJoinder Agreement

Reference is hereby made to that certain December 2020 Exchange Agreement and Amendment to Facility Agreement and Investors’ Rights Agreement, dated as of December 20, 2020 (the “Exchange Agreement”), among KemPharm, Inc., Deerfield Private Design Fund III, L.P., Deerfield Special Situations Fund, L.P. and such other lenders that become a party thereto by executing a joinder agreement.

February 9th, 2016
Kempharm, IncTHIRD AMENDMENT TO FACILITY AGREEMENT, SENIOR SECURED CONVERTIBLE NOTE AND WARRANT

THIRD AMENDMENT TO FACILITY AGREEMENT AND SECOND AMENDMENT TO SENIOR SECURED CONVERTIBLE NOTE AND WARRANT (this “Amendment”), dated as of February 3, 2016, by and among KEMPHARM, INC., a Delaware corporation (the “Borrower”) and DEERFIELD PRIVATE DESIGN FUND III, L.P. (the “Lender” and together with the Borrower, the “Parties”).

March 11th, 2015
Kempharm, IncFIRST AMENDMENT TO FACILITY AGREEMENT, SENIOR SECURED CONVERTIBLE NOTE AND WARRANT

THIS FIRST AMENDMENT TO FACILITY AGREEMENT, SENIOR SECURED CONVERTIBLE NOTE AND WARRANT (this “Amendment”), effective as of March 6, 2015, amends certain terms of (i) that certain Facility Agreement, dated as of June 2, 2014, between KemPharm, Inc., a Delaware corporation (the “Company”), and Deerfield Private Design Fund III, L.P. (the “Holder”), (ii) that certain Senior Secured Convertible Note in the original principal amount of $10,000,000 issued by the Company to the Holder on June 2, 2014 (the “Note”) and (iii) that certain warrant number W-74, issued by the Company to the Holder on June 2, 2014, relating to the right of the Holder to purchase from the Company Fourteen Million Four Hundred Twenty Three Thousand and Seventy Six (14,423,076) fully paid and nonassessable shares of Series D convertible preferred stock (“Series D Preferred Stock”) of the Company (the “Warrant”).

November 20th, 2018
Kempharm, IncNovember 20, 2018
March 10th, 2017
Kempharm, IncFIRST AMENDMENT

THIS FIRST AMENDMENT (this "Amendment") is made and entered into as of April 21, 2015, by and between BRE/COH FL LLC, a Delaware limited liability company ("Landlord"), and KEMPHARM, INC., a Delaware corporation ("Tenant").

October 30th, 2020
Kempharm, IncTERMINATION OF AGREEMENT OF SUBLEASE

THIS TERMINATION OF AGREEMENT OF SUBLEASE (this "Termination Agreement") is made as of the 22nd day of October, 2020 (the "Effective Date") by and between CIBER GLOBAL, LLC, a Michigan limited liability company ("Subtenant"), and KEMPHARM, INC., a Delaware corporation (“Sublandlord”).

August 14th, 2015
Kempharm, IncKemPharm, Inc. Employment Agreement

This Employment Agreement (“Agreement”) is made and entered into effective as of April 1, 2015, by and between KemPharm, Inc., a Delaware corporation (the “Company”) and R. Laduane Clifton (“Executive”) (each being a “Party” hereto and together constituting the “Parties”).