0001193125-15-239447 Sample Contracts

FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • June 29th, 2015 • Zosano Pharma Corp • Pharmaceutical preparations

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (the “Amendment”) is made and dated as of June 23, 2015, and is entered into by and between ZP Opco, Inc., (f/k/a Zosano Pharma, Inc.), a Delaware corporation (“Borrower”), HERCULES CAPITAL FUNDING TRUST 2014-1, a Delaware statutory trust (“Trust”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“HTGC”, along with the Trust, collectively, “Lender”).

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SUPPLEMENT TO JOINDER AGREEMENT
Supplement to Joinder Agreement • June 29th, 2015 • Zosano Pharma Corp • Pharmaceutical preparations

This Supplement to Joinder Agreement (the “Supplement”) is made and dated as of June 23, 2015, and is entered into by and between Zosano Pharma Corporation, a Delaware corporation (“Parent”), HERCULES CAPITAL FUNDING TRUST 2014-1, a Delaware statutory trust (“Trust”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“HTGC”, and collectively with Trust, the “Lender”).

SIXTH AMENDMENT TO LEASE
Lease • June 29th, 2015 • Zosano Pharma Corp • Pharmaceutical preparations

THIS SIXTH AMENDMENT TO LEASE (this “Amendment”) is entered into as of this 24th day of June, 2015, by and between BMR-34790 ARDENTECH COURT LP, a Delaware limited partnership (“Landlord,” as successor-in-interest to BMR-34790 Ardentech Court LLC), and ZP OPCO, INC., a Delaware corporation (“Tenant,” formerly known as Zosano Pharma, Inc. and, previously, The Macroflux Corporation).

FIRST AMENDMENT TO WARRANT AGREEMENT Zosano Pharma Corporation Dated as of June 23, 2015 (the “Effective Date”)
Warrant Agreement • June 29th, 2015 • Zosano Pharma Corp • Pharmaceutical preparations

This First Amendment to Warrant Agreement (the “Amendment”) is dated as of June 23, 2015, by and between Zosano Pharma Corporation, a Delaware corporation formerly named ZP Holdings, Inc. (the “Company”), and Hercules Technology Growth Capital, Inc., a Maryland corporation (“Hercules”).

Contract
Warrant Agreement • June 29th, 2015 • Zosano Pharma Corp • Pharmaceutical preparations • California

THIS WARRANT, AND THE SECURITIES ISSUABLE UPON THE EXERCISE OF THIS WARRANT, HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.

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