0001193125-17-316062 Sample Contracts

FOURTH AMENDMENT TO FACILITY AGREEMENT
Facility Agreement • October 23rd, 2017 • Mannkind Corp • Pharmaceutical preparations • New York

This FOURTH AMENDMENT TO FACILITY AGREEMENT (this “Agreement”) dated as of October 23, 2017, is by and among MannKind Corporation, a Delaware corporation (the “Borrower”), MannKind LLC, a Delaware limited liability company (“Guarantor”, and together with the Borrower, collectively, the “Obligors”), Deerfield Private Design Fund II, L.P. (“DPDF”) and Deerfield Private Design International II, L.P. (“DPDI” and, together with DPDF, the “Purchasers”). Capitalized terms used herein which are defined in the Facility Agreement (as defined below), unless otherwise defined herein, shall have the meanings ascribed to them in the Facility Agreement.

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