0001558370-15-000920 Sample Contracts

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 14th, 2015 • Tracon Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • Delaware

THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of May 13, 2015 (the “Effective Date”), between SILICON VALLEY BANK, a California corporation (“Bank”), and TRACON PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

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Contract
Tracon Pharmaceuticals, Inc. • May 14th, 2015 • Biological products, (no disgnostic substances) • California

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.

AMENDMENT TO LICENSE AGREEMENT
License Agreement • May 14th, 2015 • Tracon Pharmaceuticals, Inc. • Biological products, (no disgnostic substances)

This Amendment to License Agreement (the “Amendment”) is made on April 3, 2015 (the “Amendment Date”), by and between TRACON Pharmaceuticals, Inc., a Delaware corporation (“Licensee”) and Case Western Reserve University (“CASE”), an Ohio non-profit corporation.

TRACON PHARMACEUTICALS, INC. AMENDED AND RESTATED EMPLOYMENT AGREEMENT For CHARLES P. THEUER
Employment Agreement • May 14th, 2015 • Tracon Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • California

This Amended and Restated Employment Agreement (the “Agreement”) is made and entered into effective as of May 8, 2015 (the “Effective Date”), by and between TRACON Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Charles P. Theuer (the “Executive”). The Company and Executive are hereinafter collectively referred to as the “Parties”, and individually referred to as a “Party”. From and following the Effective Date, this Agreement shall replace and supersede that certain Amended and Restated Employment Agreement between Executive and Company entered into as of May 7, 2014, as amended on or about September 17, 2014 (together, the “Prior Agreement”).

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