ESPERION THERAPEUTICS, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of November 16, 2020 4.00% Convertible Senior Subordinated Notes due 2025Indenture • November 16th, 2020 • Esperion Therapeutics, Inc. • Pharmaceutical preparations • New York
INDENTURE dated as of November 16, 2020, between ESPERION THERAPEUTICS, INC., a Delaware corporation, as issuer (the “Company”, as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”, as more fully set forth in Section 1.01).
From: Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 To: Esperion Therapeutics, Inc. 3891 Ranchero Drive, Suite 150 Ann Arbor, MI 48108 Re: Forward Stock Purchase TransactionLetter Agreement • November 16th, 2020 • Esperion Therapeutics, Inc. • Pharmaceutical preparations • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the transaction entered into between Morgan Stanley & Co. LLC (“Dealer”) and Esperion Therapeutics, Inc. (“Issuer” or “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
