CREDIT AGREEMENT Dated as of October 1, 2018 among KALA PHARMACEUTICALS, INC., as the Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER, as the Guarantors, ATHYRIUM OPPORTUNITIES III ACQUISITION LP, as the Administrative Agent and THE LENDERS FROM TIME...Credit Agreement • October 2nd, 2018 • Kala Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This CREDIT AGREEMENT is entered into as of October 1, 2018 among KALA PHARMACEUTICALS, INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and ATHYRIUM OPPORTUNITIES III ACQUISITION LP, as the Administrative Agent.
PLEDGE AGREEMENTPledge Agreement • October 2nd, 2018 • Kala Pharmaceuticals, Inc. • Pharmaceutical preparations
THIS PLEDGE AGREEMENT dated as of October 1, 2018 (as amended, modified, restated or supplemented from time to time, this “Pledge Agreement”) is by and among the party identified as a “Pledgor” on the signature pages hereto and such other parties as may become Pledgors hereunder after the date hereof (individually a “Pledgor”, and collectively, the “Pledgors”) and Athyrium Opportunities III Acquisition LP, as administrative agent (in such capacity, the “Administrative Agent”) for the Secured Parties.
KALA PHARMACEUTICALS, INC. COMMON STOCK PURCHASE WARRANTCommon Stock Purchase • October 2nd, 2018 • Kala Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS IS TO CERTIFY that ATHYRIUM OPPORTUNITIES III ACQUISITION LP, a Delaware limited partnership, and its permitted transferees, successors and permitted assigns (the “Holder”), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, is entitled to purchase from KALA PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), at the price of $12.18456 per share (the “Exercise Price”), at any time after the date hereof (the “Commencement Date”) and expiring on October 1, 2025 (the “Expiration Date”), 270,835 shares of the fully paid and non-assessable common stock, par value $0.001 per share (“Common Stock”), of the Company (as such number may be adjusted as provided herein). The 270,835 shares of Common Stock which may be purchased pursuant to this Warrant are referred to herein as the “Aggregate Number”. This common stock purchase warrant (this “Warrant”) is issued under and pursuant to that certain Credit Agreement by and among the Compa
SECURITY AGREEMENTSecurity Agreement • October 2nd, 2018 • Kala Pharmaceuticals, Inc. • Pharmaceutical preparations
THIS SECURITY AGREEMENT dated as of October 1, 2018 (as amended, modified, restated or supplemented from time to time, this “Security Agreement”) is by and among the party identified as a “Grantor” on the signature pages hereto and such other parties as may become Grantors hereunder after the date hereof (individually a “Grantor”, and collectively the “Grantors”) and Athyrium Opportunities III Acquisition LP, as administrative agent (in such capacity, the “Administrative Agent”) for the Secured Parties.
