SECOND AMENDMENT AND WAIVER TO CREDIT AGREEMENTCredit Agreement • August 14th, 2023 • Societal CDMO, Inc. • Pharmaceutical preparations • New York
This CREDIT AGREEMENT is entered into as of December 12, 2022, by and among SOCIETAL CDMO, INC., a Pennsylvania corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and ROYAL BANK OF CANADA, as the Administrative Agent.
ContractSocietal CDMO, Inc. • August 14th, 2023 • Pharmaceutical preparations • Pennsylvania
THIS WARRANT AND THE SECURITIES PURCHASABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR UNDER THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FILED UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS, UNLESS AN EXEMPTION FROM SUCH REGISTRATION IS AVAILABLE.
FIRST Amendment to SUBORDINATED PROMISSORY NOTESubordination Agreement • August 14th, 2023 • Societal CDMO, Inc. • Pharmaceutical preparations • New York
This FIRST Amendment TO SUBORDINATED PROMISSORY NOTE (this “Amendment”) is entered into as of August 13, 2023 (the “Effective Date”), by and between IRISYS, INC., a California corporation (the “Seller”), and SOCIETAL CDMO, INC. (f/k/a Recro Pharma, Inc.), a Pennsylvania corporation (the “Borrower).
COMMON STOCK PURCHASE WARRANT SOCIETAL CDMO, INC.Societal CDMO, Inc. • August 14th, 2023 • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, IriSys, Inc., a California corporation, or its assigns (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 August 13, 2023 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. New York City time on August 12, 2026 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Societal CDMO, Inc., a Pennsylvania corporation (the “Company”), up to 100,000 shares ((as subject to adjustment hereunder), the “Warrant Shares”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
