SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • November 6th, 2012 • AxoGen, Inc. • Electromedical & electrotherapeutic apparatus • Maryland
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of this 14th day of August, 2012, by and among PDL BioPharma, Inc. a Delaware corporation (“Subordinated Obligee”), AXOGEN, INC. (f/k/a LecTec Corporation), a Minnesota corporation, and AXOGEN CORPORATION, a Delaware corporation (individually and collectively as the context may require, “Borrower”), and MIDCAP FINANCIAL SBIC, LP, a Delaware limited partnership, as administrative agent for the financial institutions or other entities from time to time parties to the Senior Loan Agreement (as hereinafter defined) (acting in such capacity, “Agent”), and as a Lender, or such then present holder or holders of the Senior Loan (as hereinafter defined) as may from time to time exist (the “Lenders,” and collectively with the Agent, the “Senior Lenders”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 6th, 2012 • AxoGen, Inc. • Electromedical & electrotherapeutic apparatus • Maryland
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of August 14, 2012, by and among AXOGEN, INC. (f/k/a LecTec Corporation), a Minnesota corporation (“AxoGen Inc”), AXOGEN CORPORATION, a Delaware corporation (“AxoGen Corp”; together with AxoGen Inc, either individually or collectively as the context may require, as “Borrower”), MIDCAP FINANCIAL SBIC, LP, a Delaware limited partnership in its capacity as agent (“Agent”) for the lenders under the Loan Agreement (as defined below) (“Lenders”), and the Lenders signatory hereto.
INTERIM REVENUE INTERESTS PURCHASE AGREEMENT Dated as of August 14, 2012 between AxoGen, Inc. and PDL BioPharma, Inc.Interim Revenue Interests Purchase Agreement • November 6th, 2012 • AxoGen, Inc. • Electromedical & electrotherapeutic apparatus • New York
This INTERIM REVENUE INTERESTS PURCHASE AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”) is made and entered into as of August 14, 2012, by and between AxoGen, Inc., a Minnesota corporation (the “Company”), and PDL BioPharma, Inc., a Delaware corporation (“Purchaser”).
