AMENDMENT NO. 2 TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • August 24th, 2023 • Novan, Inc. • Pharmaceutical preparations • Delaware
This Amendment No. 2 to Asset Purchase Agreement (this “Amendment”) is made and entered into effective as of August 21, 2023 (the “Effective Date”) by and among Novan, Inc., a Delaware corporation (“Novan”), EPI Health, LLC, a South Carolina limited liability company (“EPI Health” and, together with Novan, “Sellers”), and Ligand Pharmaceuticals Incorporated, a Delaware corporation (together with its permitted successors, designees and assigns, “Buyer”). Buyer and Sellers are individually referred to herein as a “Party” and collectively as the “Parties”.
OMNIBUS AMENDMENT NO. 1 TO FEE LETTER AND AMENDMENT NO. 2 TO SUPERPRIORITY DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 24th, 2023 • Novan, Inc. • Pharmaceutical preparations
This OMNIBUS AMENDMENT NO. 1 TO FEE LETTER AND AMENDMENT NO. 2 TO SUPERPRIORITY DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT, dated as of August 21, 2023 (this “Amendment”), is by and among NOVAN, INC., a Delaware corporation, EPI HEALTH, LLC, a South Carolina limited liability company (“EPI” and, together with Novan, each, a “Borrower” and collectively, the “Borrowers”), LIGAND PHARMACEUTICALS, INCORPORATED, a Delaware corporation (together with its successors and assigns, “Lender”). For purposes of this Amendment, all terms used herein which are not otherwise defined herein, including but not limited to those terms used in the recitals hereto, shall have the respective meanings assigned thereto in the Amended Loan Agreement (as defined below).
