CREDIT AGREEMENT dated as of January 26, 2017 among EAGLE PHARMACEUTICALS, INC.Credit Agreement • March 15th, 2017 • Eagle Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
SCHEDULES: Schedule 2.01 – Commitments SCHEDULES TO DISCLOSURE LETTER: Schedule 3.01 – Subsidiaries Schedule 6.01 – Existing Indebtedness Schedule 6.02 – Existing Liens Schedule 6.06 – Affiliate Transactions EXHIBITS: Exhibit A – Form of Assignment and Assumption Exhibit B – [Reserved] Exhibit C – [Reserved] Exhibit D – [Reserved] Exhibit E – List of Closing Documents Exhibit F-1 – Form of U.S. Tax Certificate (Foreign Lenders That Are Not Partnerships) Exhibit F-2 – Form of U.S. Tax Certificate (Foreign Participants That Are Not Partnerships) Exhibit F-3 – Form of U.S. Tax Certificate (Foreign Participants That Are Partnerships) Exhibit F-4 – Form of U.S. Tax Certificate (Foreign Lenders That Are Partnerships) Exhibit G-1 – Form of Borrowing Request Exhibit G-2 – Form of Interest Election Request
August 2, 2016 Vincent Conklin President Lyotropic Therapeutics, Inc. 10962 Richardson Road Suite H Ashland, VA 23005 Re: Letter Agreement Regarding Royalty Payments Dear Vince:Eagle Pharmaceuticals, Inc. • March 15th, 2017 • Pharmaceutical preparations • New York
We refer to that certain License and Sublicense Agreement between Lyotropic Therapeutics, Inc. (“Lyotropic”) and Eagle Pharmaceuticals, Inc. (“Eagle”) dated October 16, 2008 (the “Eagle License Agreement”) and that certain License Agreement between Elan Pharma International Ltd. (“Elan”) and Lyotropic dated August 17, 2004 (the “Elan License Agreement”). All capitalized terms used but not otherwise defined herein shall have the meaning set forth in the Eagle License Agreement. This Letter Agreement shall become effective on the date of the last signature below (the “Effective Date”)
