Dealer] Date: [_____], 2019 Aerie Pharmaceuticals, Inc. Bedminster, NJ 07921 Attention: Richard J. Rubino, Chief Financial Officer Telephone No.: (908) 470-4320 Facsimile No.: (908) 470-4329 Email: rubino@aeriepharma.com Re: Base Call Option TransactionAerie Pharmaceuticals Inc • September 10th, 2019 • Biological products, (no disgnostic substances)
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [_____] (“Dealer”) and Aerie Pharmaceuticals, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
AERIE PHARMACEUTICALS, INC. and WILMINGTON TRUST, NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of September 9, 2019 1.50% Convertible Senior Notes due 2024Indenture • September 10th, 2019 • Aerie Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
INDENTURE, dated as of September 9, 2019, between Aerie Pharmaceuticals, Inc., a Delaware corporation, as issuer (the “Company”), and Wilmington Trust, National Association, as trustee (the “Trustee”).
