AMENDMENT NO. 3 TO SALES AGREEMENTSales Agreement • August 4th, 2017 • Cerus Corp • Surgical & medical instruments & apparatus • New York
Cerus Corporation, a Delaware corporation (the “Company”), and Cantor Fitzgerald & Co. (“Agent”) are parties to that certain Controlled Equity OfferingSM Sales Agreement dated August 31, 2012 as previously amended on March 21, 2014 and May 5, 2016 (as amended, the “Sales Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Sales Agreement. The parties, intending to be legally bound, hereby amend the Sales Agreement as follows:
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FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 4th, 2017 • Cerus Corp • Surgical & medical instruments & apparatus
THIS FIFTH AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of April 27, 2017, by and between OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time (each a “Lender” and collectively, the “Lenders”) including Oxford in its capacity as a Lender and CERUS CORPORATION, a Delaware corporation with offices located at 2550 Stanwell Drive, Concord, CA 94520 (“Borrower”).
SUPPLY AND MANUFACTURING AGREEMENTSupply and Manufacturing Agreement • August 4th, 2017 • Cerus Corp • Surgical & medical instruments & apparatus • New York
This Amended and Restated Supply and Manufacturing Agreement (the “Supply Agreement”) is made effective as of the 1st day of April, 2017 (the “Effective Date”) by and between Cerus Corporation (“Cerus”), a Delaware corporation, having its principal place of business at 2550 Stanwell Drive, Concord, CA 94520, and Porex Corporation (“Porex”), a Delaware corporation, having its principal place of business at 500 Bohannon Road, Fairburn, GA 30213. (Cerus and Porex are each individually referred to in this Supply Agreement as a “Party” and, collectively, as the “Parties”).
