ACHAOGEN, INC. CHANGE IN CONTROL SEVERANCE AGREEMENTChange in Control Severance Agreement • August 10th, 2015 • Achaogen Inc • Pharmaceutical preparations • California
This Change in Control Severance Agreement (the “Agreement”) is made and entered into by and between (“Executive”) and Achaogen, Inc. (the “Company”), effective as of the latest date set forth by the signatures of the parties hereto below (the “Effective Date”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 10th, 2015 • Achaogen Inc • Pharmaceutical preparations • New York
THIS LOAN AND SECURITY AGREEMENT (as the same may be amended, restated, modified, or supplemented from time to time, this “Agreement”) dated as of August 5, 2015 (the “Effective Date”) among Solar Capital Ltd., a Maryland corporation with an office located at 500 Park Avenue, 3rd Floor, New York, NY 10022 (“Solar”), as collateral agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”), and the lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Solar in its capacity as a lender (together with any other lenders party hereto, the “Lenders” and each, a “Lender”), and Achaogen, Inc., a Delaware corporation with offices located at 7000 Shoreline Court, Suite 371, South San Francisco, California 94080 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
Success Fee AgreementSuccess Fee Agreement • August 10th, 2015 • Achaogen Inc • Pharmaceutical preparations • New York
Reference is made to the Loan and Security Agreement, dated as of August 5, 2015 (the “Loan Agreement”) by and among Solar Capital Ltd., a Maryland corporation (“SolarCap”), as collateral agent (in such capacity, “Collateral Agent”), the lenders party thereto from time to time including SolarCap in its capacity as a lender (each a “Lender” and collectively, the “Lenders”), and Achaogen, Inc., a Delaware corporation (“Borrower”). As a condition precedent to the Lenders’ entry into the Loan Agreement, the Lenders require that Borrower agree to pay to the Lenders a fee upon the occurrence of certain events (as described herein). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Loan Agreement.
