AKORN, INC. COMMON STOCK PURCHASE WARRANT To Purchase 1,939,639 Shares of Common StockCommon Stock Purchase • April 17th, 2009 • Akorn Inc • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (this “Warrant”) certifies that, for value received, EJ FUNDS LP, a Delaware limited partnership (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after April 13, 2009 (the “Initial Exercise Date”) and on or prior to the close of business on the fifth (5th) anniversary following the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Akorn, Inc., a Louisiana corporation (the “Company”), up to One Million Nine Hundred Thirty Nine Thousand Six Hundred Thirty-Nine (1,939,639) shares, subject to adjustment as set forth herein (the “Warrant Shares”) of Common Stock, no par value per share, of the Company (the “Common Stock”). The purchase price of one share of Common Stock (the “Exercise Price”) under this Warrant shall be $1.11 per share, subject to adjustment hereunder. The Exercise Price and the number of War
MODIFICATION, WARRANT AND INVESTOR RIGHTS AGREEMENTModification, Warrant and Investor Rights Agreement • April 17th, 2009 • Akorn Inc • Pharmaceutical preparations • New York
THIS MODIFICATION, WARRANT AND INVESTOR RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of April 13, 2009, by and among AKORN, INC., a Louisiana corporation (“Akorn”), AKORN (NEW JERSEY), INC., an Illinois corporation (“Akorn NJ”, and together with Akorn, collectively, the “Borrowers” and individually as a “Borrower”), and EJ FUNDS LP, a Delaware limited partnership, in its capacity as Agent (the “Agent”) for the lenders from time to time parties to the Credit Agreement (defined herein) (the “Lenders”), and the Lender party hereto (the “Lender”).
