0000912057-18-000057 Sample Contracts

Contract
Liquidia Technologies Inc • February 5th, 2018 • Biological products, (no disgnostic substances) • Delaware

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.

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SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • February 5th, 2018 • Liquidia Technologies Inc • Biological products, (no disgnostic substances)

This Second Amendment to Loan and Security Agreement (the “Amendment”) is made and entered into as of October 12, 2016 by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and LIQUIDIA TECHNOLOGIES, INC. (“Borrower”).

SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • February 5th, 2018 • Liquidia Technologies Inc • Biological products, (no disgnostic substances)

This Seventh Amendment to Loan and Security Agreement (the “Amendment”) is made and entered into as of October 27, 2017 by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”) and LIQUIDIA TECHNOLOGIES, INC. (“Borrower”).

FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • February 5th, 2018 • Liquidia Technologies Inc • Biological products, (no disgnostic substances)

This Fourth Amendment to Loan and Security Agreement (the “Amendment”) is made and entered into as of March 30, 2017 by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and LIQUIDIA TECHNOLOGIES, INC. (“Borrower”).

EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • February 5th, 2018 • Liquidia Technologies Inc • Biological products, (no disgnostic substances)

This Eighth Amendment to Loan and Security Agreement (the “Amendment”) is made and entered into as of November 30, 2017 by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and LIQUIDIA TECHNOLOGIES, INC. (“Borrower”).

FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • February 5th, 2018 • Liquidia Technologies Inc • Biological products, (no disgnostic substances)

This Fifth Amendment to Loan and Security Agreement (the “Amendment”) is made and entered into as of April 28, 2017 by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and LIQUIDIA TECHNOLOGIES, INC. (“Borrower”).

LIQUIDIA TECHNOLOGIES, INC. WARRANT TO PURCHASE SHARES
Liquidia Technologies Inc • February 5th, 2018 • Biological products, (no disgnostic substances) • Delaware

This Warrant is issued to or its registered assigns by Liquidia Technologies, Inc., a Delaware corporation (the “Company”), pursuant to that certain Note and Warrant Purchase Agreement, dated as of January 9, 2017, as amended (the “Purchase Agreement”), which also provides for the Company’s issuance of a Convertible Promissory Note (the “Note”) to the holder (“Holder”) of this Warrant.

THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • February 5th, 2018 • Liquidia Technologies Inc • Biological products, (no disgnostic substances)

This Third Amendment to Loan and Security Agreement (the “Amendment”) is made and entered into as of December 28, 2016 by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and LIQUIDIA TECHNOLOGIES, INC. (“Borrower”).

LIQUIDIA TECHNOLOGIES, INC. LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • February 5th, 2018 • Liquidia Technologies Inc • Biological products, (no disgnostic substances) • North Carolina

This LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of January 6, 2016, by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”) and LIQUIDIA TECHNOLOGIES, INC., a Delaware corporation (“Borrower”).

SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • February 5th, 2018 • Liquidia Technologies Inc • Biological products, (no disgnostic substances)

This Sixth Amendment to Loan and Security Agreement (the “Amendment”) is made and entered into as of June 14, 2017 by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and LIQUIDIA TECHNOLOGIES, INC. (“Borrower”).

EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • February 5th, 2018 • Liquidia Technologies Inc • Biological products, (no disgnostic substances) • North Carolina

This EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) is entered into on January 22, 2018, by and between Kevin Gordon (the “Executive”) and Liquidia Technologies, Inc., a Delaware corporation (the “Company”). Each of the Company and Executive is a “Party” and, collectively, they are the “Parties.”

Contract
2016 Letter Agreement • February 5th, 2018 • Liquidia Technologies Inc • Biological products, (no disgnostic substances) • North Carolina

FOR VALUE RECEIVED, the undersigned, (the “Maker”), hereby promises to pay to the order of The University of North Carolina at Chapel Hill, (“Payee”), the principal sum of $2,165,179.81 pursuant to the terms and conditions set forth herein.

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