REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 25th, 2024 • Windtree Therapeutics Inc /De/ • Biological products, (no disgnostic substances) • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of January 24, 2024, by and among Windtree Therapeutics, Inc., a Delaware corporation (the “Company”), Deerfield Private Design Fund II, L.P. (“DPDF II”) and Deerfield PDI Financing II, L.P. (“DPDI Financing II” and together with DPDF II, “Investors,” and each, an “Investor”).
EXCHANGE AND TERMINATION AGREEMENTExchange and Termination Agreement • January 25th, 2024 • Windtree Therapeutics Inc /De/ • Biological products, (no disgnostic substances) • New York
This EXCHANGE AND TERMINATION AGREEMENT (this “Agreement”), dated as of January 24, 2024 (the “Agreement Date”), is by and among Windtree Therapeutics, Inc., a Delaware corporation (f/k/a Discovery Laboratories, Inc.) (the “Company”), Deerfield Private Design Fund II, L.P. (“DPDF II”), Deerfield PDI Financing II, L.P. (“DPDI Financing II” and together with DPDF II, the “Holders,” and each, a “Holder”) and Deerfield Private Design International II, L.P. (“DPDI II” and, together with the Holders, the “Deerfield Parties” and each a “Deerfield Party”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Milestone Agreement (as defined below).
