BIORA THERAPEUTICS, INC., THE GUARANTORS PARTY HERETO FROM TIME TO TIME and GLAS TRUST COMPANY LLC as Trustee and Collateral Agent INDENTURE Dated as of December 19, 2023 11.00% / 13.00 % Convertible Senior Secured Notes due 2028Supplemental Indenture • April 1st, 2024 • Biora Therapeutics, Inc. • Pharmaceutical preparations • New York
INDENTURE, dated as of December 19, 2023, among Biora Therapeutics, Inc., a Delaware corporation, as issuer (the “Company”), the Guarantors party hereto from time to time (as defined herein), and GLAS Trust Company LLC, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”).
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • April 1st, 2024 • Biora Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of December 19, 2023, is made by and between Biora Therapeutics, Inc. (formerly known as Progenity, Inc.), a Delaware corporation (the “Company”) and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee under the Indenture referred to below (the “Trustee”).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • April 1st, 2024 • Biora Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of March 12, 2024, is made by and between Biora Therapeutics, Inc. (formerly known as Progenity, Inc.), a Delaware corporation (the “Company”) and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee under the Indenture referred to below (the “Trustee”).
SECURITY AGREEMENT among BIORA THERAPEUTICS, INC., as Issuer, THE GUARANTORS PARTY HERETO FROM TIME TO TIME, as Guarantors and GLAS TRUST COMPANY LLC as Collateral Agent Dated as of December 19, 2023Security Agreement • April 1st, 2024 • Biora Therapeutics, Inc. • Pharmaceutical preparations
This SECURITY AGREEMENT, dated as of December 19, 2023 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, including by one or more Joinder Agreements, or otherwise, this “Agreement”), is made by and among Biora Therapeutics, Inc., a Delaware corporation (the “Issuer”), and the Subsidiaries of the Issuer from time to time party hereto as guarantors (collectively, the “Guarantors”), as pledgors (the Issuer, together with the Guarantors, in such capacities, and together with any successors in such capacity, the “Pledgors” and each, a “Pledgor”), and GLAS Trust Company LLC, a limited liability company organized and existing under the laws of the State of New Hampshire, solely in its capacity as Collateral Agent pursuant to the Indenture, (in such capacity, and together with any successors in such capacity, the “Collateral Agent ”).
