Amendment To Facility Agreement Sample Contracts

Ninth Amendment to Facility Agreement (September 5th, 2018)
Exchange and Eighth Amendment to Facility Agreement (July 13th, 2018)

This EXCHANGE AND EIGHTH AMENDMENT TO FACILITY AGREEMENT (this Agreement) dated as of July 12, 2018, is by and among MannKind Corporation, a Delaware corporation (the Borrower), MannKind LLC, a Delaware limited liability company (the Guarantor, and together with the Borrower collectively, the Obligors), Deerfield Private Design Fund II, L.P. (DPDF) and Deerfield Private Design International II, L.P. (DPDI and, together with DPDF, the Purchasers). Capitalized terms used herein which are defined in the Facility Agreement (as defined below), unless otherwise defined herein, shall have the meanings ascribed to them in the Facility Agreement.

Exchange and Seventh Amendment to Facility Agreement (June 11th, 2018)

This EXCHANGE AND SEVENTH AMENDMENT TO FACILITY AGREEMENT (this Agreement) dated as of June 8, 2018, is by and among MannKind Corporation, a Delaware corporation (the Borrower), MannKind LLC, a Delaware limited liability company (the Guarantor, and together with the Borrower collectively, the Obligors), Deerfield Private Design Fund II, L.P. (DPDF) and Deerfield Private Design International II, L.P. (DPDI and, together with DPDF, the Purchasers). Capitalized terms used herein which are defined in the Facility Agreement (as defined below), unless otherwise defined herein, shall have the meanings ascribed to them in the Facility Agreement.

Klondex Mines Ltd – Amendment to Facility Agreement (March 14th, 2018)

WHEREAS the Obligors, the Lender and the Security Agent signatory thereto have entered into a Facility Agreement dated as of March 23, 2016 as amended October 14, 2016 (with an effective date of October 28, 2016) and further amended as of March 6, 2017 and March 31, 2017 (including all annexes, exhibits and schedules thereto, as well as all amendments, restatements or supplements to the date hereof, the Facility Agreement);

Klondex Mines Ltd – Amendment to Facility Agreement (March 14th, 2018)

WHEREAS the Obligors, the Lender and the Security Agent signatory thereto have entered into a Facility Agreement dated as of March 23, 2016 as amended October 14, 2016 (with an effective date of October 28, 2016) and further amended as of March 6, 2017, March 31, 2017 and December 21, 2017 (including all annexes, exhibits and schedules thereto, as well as all amendments, restatements or supplements to the date hereof, the Facility Agreement);

Pacific Biosciences Of California – First Amendment to Facility Agreement (February 26th, 2018)

FIRST AMENDMENT TO FACILITY AGREEMENT (this "Amendment"), dated as of November _30__, 2017, by and among PACIFIC BIOSCIENCES OF CALIFORNIA, INC., a Delaware corporation (the "Borrower"), DEERFIELD PRIVATE DESIGN FUND II, L.P. ("DPDF"), DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P. ("DPDI") and DEERFIELD SPECIAL SITUATIONS FUND, L.P. (together with DPDF and DPDI collectively referred to as the "Lenders" and together with the Borrower, the "Parties").

Klondex Mines Ltd – Amendment to Facility Agreement (July 27th, 2017)

WHEREAS the Obligors, the Lender and the Security Agent signatory thereto have entered into a Facility Agreement dated as of March 23, 2016 (including all annexes, exhibits and schedules thereto, the Facility Agreement);

Klondex Mines Ltd – Amendment to Facility Agreement Amendment (July 27th, 2017)

WHEREAS the Obligors, the Lender and the Security Agent signatory thereto have entered into a Facility Agreement dated as of March 23, 2016 (including all annexes, exhibits and schedules thereto, the Facility Agreement);

Exchange and Third Amendment to Facility Agreement (June 29th, 2017)

This EXCHANGE AND THIRD AMENDMENT TO FACILITY AGREEMENT (this Agreement) dated as of June 29, 2017, is by and among MannKind Corporation, a Delaware corporation (the Borrower), MannKind LLC, a Delaware limited liability company (Guarantor, and together with the Borrower collectively, the Obligors), Deerfield Private Design Fund II, L.P. (DPDF) and Deerfield Private Design International II, L.P. (DPDI and, together with DPDF, the Purchasers). Capitalized terms used herein which are defined in the Facility Agreement (as defined below), unless otherwise defined herein, shall have the meanings ascribed to them in the Facility Agreement.

Neos Therapeutics, Inc. – First Amendment to Facility Agreement (June 5th, 2017)

FIRST AMENDMENT TO FACILITY AGREEMENT (this Amendment), dated as of June 1, 2017, by and among NEOS THERAPEUTICS, INC., a Delaware corporation (Borrower), NEOS THERAPEUTICS COMMERCIAL, LLC, NEOS THERAPEUTICS BRANDS, LLC, NEOS THERAPEUTICS, LP, PHARMAFAB TEXAS, LLC (COLLECTIVELY, THE Guarantors) DEERFIELD PRIVATE DESIGN FUND III, L.P. (DPDF) and DEERFIELD SPECIAL SITUATIONS FUND, L.P. (DSSF, and together with DPDF collectively referred to as the Lenders and together with the Borrower and the Guarantors, the Parties).

Klondex Mines Ltd – Amendment to Facility Agreement Amendment (May 4th, 2017)

WHEREAS the Obligors, the Lender and the Security Agent signatory thereto have entered into a Facility Agreement dated as of March 23, 2016 (including all annexes, exhibits and schedules thereto, the Facility Agreement);

Klondex Mines Ltd – Amendment to Facility Agreement (May 4th, 2017)

WHEREAS the Obligors, the Lender and the Security Agent signatory thereto have entered into a Facility Agreement dated as of March 23, 2016 (including all annexes, exhibits and schedules thereto, the Facility Agreement);

Amendment to Facility Agreement Dated 15th November 2013 (August 3rd, 2016)

THE TRUSTEES FOR THE TIME BEING OF THE PREMIUMS TRUST FUND OF THE UNDERWRITING MEMBERS OF SYNDICATE 1729 at 5th Floor, Camomile Court, 23 Camomile Street, London, EC3A 7LL (Borrower); and

Alphatec Holdings – Limited Waiver and Second Amendment to Facility Agreement (May 6th, 2016)

LIMITED WAIVER AND SECOND AMENDMENT TO FACILITY AGREEMENT (this "Amendment"), dated as of February 4th, 2016, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation ("Borrower"), DEERFIELD PRIVATE DESIGN FUND II, L.P., DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P., and DEERFIELD SPECIAL SITUATIONS FUND, L.P. (collectively referred to as the "Lenders" and together with the Borrower, the "Parties").

Kempharm, Inc – Third Amendment to Facility Agreement, Senior Secured Convertible Note and Warrant (February 9th, 2016)

THIRD AMENDMENT TO FACILITY AGREEMENT AND SECOND AMENDMENT TO SENIOR SECURED CONVERTIBLE NOTE AND WARRANT (this "Amendment"), dated as of February 3, 2016, by and among KEMPHARM, INC., a Delaware corporation (the "Borrower") and DEERFIELD PRIVATE DESIGN FUND III, L.P. (the "Lender" and together with the Borrower, the "Parties").

Kempharm, Inc – Second Amendment to Facility Agreement (December 18th, 2015)

SECOND AMENDMENT TO FACILITY AGREEMENT (this Amendment), dated as of December 17, 2015, by and among KEMPHARM, INC., a Delaware corporation (the Borrower) and, DEERFIELD PRIVATE DESIGN FUND III, L.P. (the Lenders and together with the Borrower, the Parties).

Kempharm, Inc – Second Amendment to Facility Agreement (December 18th, 2015)

SECOND AMENDMENT TO FACILITY AGREEMENT (this Amendment), dated as of December 17, 2015, by and among KEMPHARM, INC., a Delaware corporation (the Borrower) and, DEERFIELD PRIVATE DESIGN FUND III, L.P. (the Lenders and together with the Borrower, the Parties).

Alphatec Holdings – First Amendment to Facility Agreement (November 3rd, 2015)

FIRST AMENDMENT TO FACILITY AGREEMENT (this "Amendment"), dated as of July 10, 2015, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation ("Borrower"), DEERFIELD PRIVATE DESIGN FUND II, L.P., DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P., and DEERFIELD SPECIAL SITUATIONS FUND, L.P.(collectively referred to as the "Lenders" and together with the Borrower, the "Parties").

Discovery Laboratories, Inc. – Second Amendment to Facility Agreement (July 24th, 2015)

SECOND AMENDMENT TO FACILITY AGREEMENT (this "Amendment"), dated as of July 22, 2015, by and among DISCOVERY LABORATORIES, INC., a Delaware corporation ("Borrower"), DEERFIELD PRIVATE DESIGN FUND II, L.P., DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P. and DEERFIELD SPECIAL SITUATIONS FUND, L.P. (collectively referred to as the "Lenders" and together with the Borrower, the "Parties").

Discovery Laboratories, Inc. – First Amendment to Facility Agreement (July 9th, 2015)

FIRST AMENDMENT TO FACILITY AGREEMENT (this "Amendment"), dated as of July 9, 2015, by and among DISCOVERY LABORATORIES, INC., a Delaware corporation ("Borrower"), DEERFIELD PRIVATE DESIGN FUND II, L.P., DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P. and DEERFIELD SPECIAL SITUATIONS FUND, L.P. (collectively referred to as the "Lenders" and together with the Borrower, the "Parties").

Kempharm, Inc – First Amendment to Facility Agreement, Senior Secured Convertible Note and Warrant (March 11th, 2015)

THIS FIRST AMENDMENT TO FACILITY AGREEMENT, SENIOR SECURED CONVERTIBLE NOTE AND WARRANT (this Amendment), effective as of March 6, 2015, amends certain terms of (i) that certain Facility Agreement, dated as of June 2, 2014, between KemPharm, Inc., a Delaware corporation (the Company), and Deerfield Private Design Fund III, L.P. (the Holder), (ii) that certain Senior Secured Convertible Note in the original principal amount of $10,000,000 issued by the Company to the Holder on June 2, 2014 (the Note) and (iii) that certain warrant number W-74, issued by the Company to the Holder on June 2, 2014, relating to the right of the Holder to purchase from the Company Fourteen Million Four Hundred Twenty Three Thousand and Seventy Six (14,423,076) fully paid and nonassessable shares of Series D convertible preferred stock (Series D Preferred Stock) of the Company (the Warrant).

RenaissanceRe Holdings Ltd. – Consent and Amendment to Facility Agreement (March 6th, 2015)

This CONSENT AND AMENDMENT TO FACILITY AGREEMENT (this Consent and Amendment), dated as of March 2, 2015, is entered into by and among PLATINUM UNDERWRITERS BERMUDA, LTD., a Bermuda company (Borrower), PLATINUM UNDERWRITERS HOLDINGS, LTD., a Bermuda company (Guarantor), ING BANK, N.V., as a lender, and NATIONAL AUSTRALIA BANK LIMITED, as agent (the Agent), security agent, and a lender (together with ING BANK, N.V, the Lenders).

Platinum Underwriters Hldg – Consent and Amendment to Facility Agreement (March 2nd, 2015)

This CONSENT AND AMENDMENT TO FACILITY AGREEMENT (this Consent and Amendment), dated as of March 2, 2015, is entered into by and among PLATINUM UNDERWRITERS BERMUDA, LTD., a Bermuda company (Borrower), PLATINUM UNDERWRITERS HOLDINGS, LTD., a Bermuda company (Guarantor), ING BANK, N.V., as a lender, and NATIONAL AUSTRALIA BANK LIMITED, as agent (the Agent), security agent, and a lender (together with ING BANK, N.V, the Lenders).

Second Amendment to Facility Agreement (November 10th, 2014)

SECOND AMENDMENT TO FACILITY AGREEMENT (this Amendment), dated as of August 11, 2014, by and among MANNKIND CORPORATION, a Delaware corporation (the Borrower), DEERFIELD PRIVATE DESIGN FUND II, L.P. (DPDF) and DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P. (together with DPDF collectively referred to as the Purchasers and together with the Borrower, the Parties).

Infinity Pharmaceuticals – First Amendment to Facility Agreement (November 10th, 2014)

This FIRST AMENDMENT TO FACILITY AGREEMENT (the First Amendment), dated as of September 22, 2014, by and among Infinity Pharmaceuticals, Inc., a Delaware corporation (the Borrower), and the lenders party hereto, set forth on the signature page of this First Amendment (together with their successors and assigns, the Lenders and together with the Borrower, the Parties), amends that certain Facility Agreement dated as of February 24, 2014 by and among the Parties (the Original Agreement and as amended by the First Amendment, the Facility Agreement). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Original Agreement.

Cytomedix, Inc. New – First Amendment to Facility Agreement and Registration Rights Agreement (July 1st, 2014)

FIRST AMENDMENT TO FACILITY AGREEMENT AND REGISTRATION RIGHTS AGREEMENT (this "Amendment"), dated as of June 25, 2014, by and among CYTOMEDIX, INC., a Delaware corporation (the "Borrower"), DEERFIELD PRIVATE DESIGN FUND II, L.P. ("DPDF"), DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P. ("DFPDI"), DEERFIELD SPECIAL SITUATIONS FUND, L.P. ("DFSS") and DEERFIELD SPECIAL SITUATIONS INTERNATIONAL MASTER FUND, L.P. (together with DPDF, DFPDI and DFSS, collectively referred to as the "Lenders" and together with the Borrower, the "Parties").

Far East Energy – Sixth Amendment to Facility Agreement (December 31st, 2013)
Dear Sirs Letter of Credit Facility Agreement Dated 11 November 2011 Made Between (1) Tower Insurance Company of New York, Castlepoint Insurance Company, Castlepoint National Insurance Company and Hermitage Insurance Company (The Borrowers and Each a Borrower) and (2) Barclays Bank PLC (The Issuing Bank) (As Amended, Varied or Restated From Time to Time) (The Facility Agreement) (October 24th, 2013)

We refer to the Facility Agreement. Terms defined in the Facility Agreement, unless otherwise defined, have the same meaning when used in this letter. The principles of construction set out in the Facility Agreement shall have effect as if set out in this letter.

Amendment to Facility Agreements (February 6th, 2013)

This Amendment to Facility Agreements (this "Amendment") is hereby entered into as of December 28, 2012 by and between Array BioPharma Inc. ("Array") and Deerfield Private Design Fund, L.P. and Deerfield Private Design International, L.P. ("Deerfield").

Far East Energy – Fourth Amendment to Facility Agreement (January 18th, 2013)
Far East Energy – Fifth Amendment to Facility Agreement (January 18th, 2013)

(1)FAR EAST ENERGY (BERMUDA), LTD., a company incorporated in Bermuda with its registered office at Clarendon House, 2 Church Street, Hamilton HM II, Bermuda with registration number 36700 (the "Borrower");

Far East Energy – Third Amendment to Facility Agreement (December 20th, 2012)
Far East Energy – Second Amendment to Facility Agreement (November 28th, 2012)
Mako Surgical – First Amendment to Facility Agreement (July 3rd, 2012)

THIS FIRST AMENDMENT TO FACILITY AGREEMENT (this "Amendment"), effective as of June 28, 2012, amends and restates Exhibit D-2 to that certain Facility Agreement (the "Facility Agreement") between MAKO Surgical Corp., a Delaware corporation (the "Borrower"), and Deerfield Private Design Fund II, L.P. and Deerfield Private Design International II, L.P. (collectively, the "Lenders").

Hana Biosciences, Inc. – Second Amendment to Facility Agreement (January 10th, 2012)

SECOND AMENDMENT, dated as of January 9, 2012 (this "Amendment"), to that certain Facility Agreement, dated as of October 30, 2007 (as amended, supplemented or otherwise modified from time to time, the "Facility Agreement"), between Talon Therapeutics, Inc. (formerly known as Hana Biosciences Inc.) (the "Borrower") and Deerfield Private Design Fund, L.P. ("Deerfield Private Design Fund"), Deerfield Special Situations Fund, L.P. ("Deerfield Special Situations Fund"), Deerfield Special Situations Fund International Limited ("Deerfield International") and Deerfield Private Design International, L.P. ("Deerfield Private Design International" and, together with Deerfield Private Design Fund, Deerfield Special Situations Fund and Deerfield International, the "Lenders"). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Facility Agreement.