Funding Agreement Sample Contracts

Contura Energy, Inc. – Amended Reclamation Funding Agreement (August 21st, 2018)

THIS AMENDED RECLAMATION FUNDING AGREEMENT (as it may be amended or modified from time to time, this "Amended Reclamation Funding Agreement") is made and entered into as of October 23, 2017, by and among: ANR, Inc. ("ANR"), on behalf of itself and its affiliates; Lexington Coal Company, L.L.C. (the "Purchaser"); Contura Energy, Inc. ("Contura"); the Illinois Department of Natural Resources ("IDNR"); the Kentucky Energy and Environment Cabinet, Department for Natural Resources ("KYEEC"); the United States Department of the Interior, Office of Surface Mining, Reclamation and Enforcement, in its capacity as the regulatory authority over surface mining operations in the State of Tennessee ("OSMRE"); the Virginia Department of Mines, Minerals and Energy ("VDMME"); and the West Virginia Department of Environmental Protection ("WVDEP") (collectively, the "Regulatory Authorities" and, together with ANR, Contura and the Purchaser, the "Parties").

Contura Energy, Inc. – Reclamation Funding Agreement (August 21st, 2018)

THIS AGREEMENT (as it may be amended or modified from time to time, this "Reclamation Funding Agreement") is made and entered into as of July 12, 2016, by and among: Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"); Contura Energy, Inc. (the "Purchaser"); the Illinois Department of Natural Resources; the Kentucky Energy and Environment Cabinet, Department for Natural Resources; the United States Department of the Interior, Office of Surface Mining, Reclamation and Enforcement, in its capacity as the regulatory authority over surface mining operations in the State of Tennessee ("OSMRE"); the Virginia Department of Mines, Minerals and Energy; and the West Virginia Department of Environmental Protection (collectively, the "Regulatory Authorities" and, together with the Debtors and the Purchaser,

Niocorp Developments Ltd – Convertible Security Funding Agreement (July 2nd, 2018)
Biohaven Pharmaceutical Holding Co Ltd. – Funding Agreement by and Between Biohaven Pharmaceutical Holding Company Ltd. And Rpi Finance Trust Dated as of June 18, 2018 (June 25th, 2018)

This FUNDING AGREEMENT, dated as of June 18, 2018 (this Agreement), is made and entered into by and between RPI FINANCE TRUST, a Delaware statutory trust (the Buyer), and BIOHAVEN PHARMACEUTICAL HOLDING COMPANY LTD., a business company organized under the laws of the British Virgin Islands (the Seller).

Immunomedics, Inc. – Funding Agreement by and Between Immunomedics, Inc. And Rpi Finance Trust Dated as of January 7, 2018 (May 9th, 2018)

This FUNDING AGREEMENT, dated as of January 7, 2018 (this "Agreement"), is made and entered into by and between RPI FINANCE TRUST, a Delaware statutory trust (the "Buyer"), and IMMUNOMEDICS, INC., a Delaware corporation (the "Seller").

SocialPlay USA, Inc. – Share Exchange and Funding Agreement (April 20th, 2018)

This Share Exchange and Funding Agreement (this "Agreement"), dated as of April 9, 2018, is by and among SociaPlay USA, Inc., a Nevada corporation (the "Parent"), Spot and Pay, Inc., a Nevada corporation (the "Company"), and Karthikeyan Mani, the sole shareholder of the Company (the "Shareholder"). Each of the parties to this Agreement is individually referred to herein as a "Party" and collectively as the "Parties."

Interim Funding Agreement (February 23rd, 2018)

THIS INTERIM FUNDING AGREEMENT (this "Agreement") is made as of the 20th day of February, 2018, by and among SunTrust Equipment Finance & Leasing Corp., its successors and permitted assigns ("First Participant"), Santander Bank, N.A., its successors and permitted assigns ("Second Participant"), Signature Financial LLC, its successors and permitted assigns ("Third Participant"), Peapack Capital Corporation, its successors and permitted assigns ("Fourth Participant"), BMO HARRIS EQUIPMENT FINANCE COMPANY, its successors and permitted assigns ("Fifth Participant", together with First Participant, Second Participant, Third Participant, and Fourth Participant, each a "Participant" and, collectively, the "Participants"), MB EQUIPMENT FINANCE, LLC, its successors and permitted assigns, for itself ("Lessor") and as fiscal agent for itself and the Participants, and TOWER AUTOMOTIVE OPERATIONS USA I, LLC and TOWER AUTOMOTIVE HOLDINGS USA, LLC, its successors and permitted assigns ("Lessee"). "Ve

Niocorp Developments Ltd – Amendment #8 to the Convertible Security Funding Agreement Between NioCorp Developments Ltd and Lind Asset Management IV, LLC (February 9th, 2018)

(the Funded Amount / VWAP per Share during the five (5) consecutive Trading Days immediately before the Second Closing Date) X 0.50, with an exercise price equal to 120% of the VWAP per Share for the five consecutive Trading Days immediately before the Second Closing Date.

Global Equity International Inc – Funding Agreement - Xantis S.A. And Global Equity International Inc. (January 12th, 2018)

This FUNDING AGREEMENT ("Agreement"), made as of January 11, 2018, by and between Xantis S.A. a company incorporated under the laws of Luxembourg that is the legally appointed fund management company of Xantis Private Equity a sub-fund of Xantis Investments Securitisation Fund, having its registered office located in 75 Parc d'Activites, L-8308 Capellen, Grand Duchy of Luxembourg and Global Equity International Inc., a corporation organized under the laws of the State of Nevada, United States of America, whose principal place of business is Office 3305, X3 Jumeirah Bay Tower, JLT, Dubai, UAE.

Global Equity International Inc – Funding Agreement (January 12th, 2018)

This FUNDING AGREEMENT ("Agreement"), made as of January 11, 2018, by and between William Marshal Plc. a company incorporated under the laws of the United Kingdom (Registered Company Number 10687022), having its registered office located in Mill Accountancy, 5 Amelia Court, Retford, Nottinghamshire, United Kingdom, DN22 7HJ, United Kingdom and trading office located in 15 Wheeler Gate, Nottingham, NG1 2NA, United Kingdom and Global Equity International Inc., a corporation organized under the laws of the State of Nevada, United States of America, whose principal place of business is Office 3305, X3 Jumeirah Bay Tower, JLT, Dubai, UAE.

Novogen – CRC-P Funding Agreement CRC-P53981 | Novogen Limited | March 2017 Page 1 (December 18th, 2017)

A This Agreement is made pursuant to the projects stream of the Programme. The objective of the projects stream is to support industry-identified and industry-led collaborative research to develop products, services or processes that will solve industry problems and deliver tangible outcomes.

Global Equity International Inc – Funding Agreement (November 21st, 2017)

This FUNDING AGREEMENT ("Agreement"), made as of November 20, 2017, by and between William Marshal Plc. a company incorporated under the laws of the United Kingdom (Registered Company Number 10687022), having its registered office located in Mill Accountancy, 5 Amelia Court, Retford, Nottinghamshire, United Kingdom, DN22 7HJ, United Kingdom and trading office located in 15 Wheeler Gate, Nottingham, NG1 2NA, United Kingdom and Global Equity International Inc., a corporation organized under the laws of the State of Nevada, United States of America, whose principal place of business is Office 3305, X3 Jumeirah Bay Tower, JLT, Dubai, UAE.

Terra Tech Corp. – Funding Agreement (November 1st, 2017)

This FUNDING AGREEMENT (this "Agreement") is made and entered into as of October 30, 2017, by and between NULEAF, INC (the "Nuleaf") and MEDIFARM III, LLC, a Nevada limited liability company ("Medifarm III"). Nuleaf and Medifarm III shall be collectively referred to herein as "the Parties").

Terra Tech Corp. – Funding Agreement (November 1st, 2017)

This FUNDING AGREEMENT (this "Agreement") is made and entered into as of October 30, 2017, by and between NULEAF, INC (the "Nuleaf") and MEDIFARM III, LLC, a Nevada limited liability company ("Medifarm III"). Nuleaf and Medifarm III shall be collectively referred to herein as "the Parties").

Novogen – CRC-P Funding Agreement CRC-P53981 | Novogen Limited | March 2017 Page 1 (October 25th, 2017)

A This Agreement is made pursuant to the projects stream of the Programme. The objective of the projects stream is to support industry-identified and industry-led collaborative research to develop products, services or processes that will solve industry problems and deliver tangible outcomes.

Arsanis, Inc. – Funding Agreement Concluded Between Osterreichische Forschungsforderungsgesellschaft mbH (FFG) as a Funding Entity and ARSANIS Biosciences GmbH Helmut-Qualtinger-Gasse 2 1030 Vienna Commercial Register No.: 354305m as a Recipient. SS 1 Granting of the Funding (October 20th, 2017)
Arsanis, Inc. – Funding Agreement Between Osterreichischen Forschungsforderungsgesellschaft mbH (FFG) as the Funding Agency and ARSANIS Biosciences GmbH Helmut-Qualtinger- Gasse 2 1030 Vienna as the Funding Recipient. (October 20th, 2017)
Arsanis, Inc. – Funding Agreement Concluded Between Osterreichische Forschungsforderungsgesellschaft mbH (FFG) as a Funding Entity and ARSANIS Biosciences GmbH Helmut-Qualtinger-Gasse 2 1030 Vienna Commercial Register No.: 354305m as a Recipient. SS 1 Granting of the Funding (August 10th, 2017)
Arsanis, Inc. – Funding Agreement Between Osterreichischen Forschungsforderungsgesellschaft mbH (FFG) as the Funding Agency and ARSANIS Biosciences GmbH Helmut-Qualtinger- Gasse 2 1030 Vienna as the Funding Recipient. (August 10th, 2017)
RESEARCH FUNDING AGREEMENT by and Between THE SCRIPPS RESEARCH INSTITUTE a California Nonprofit Public Benefit Corporation and ChromaPharma, Inc. A Nevada Corporation RESEARCH FUNDING AGREEMENT (August 10th, 2017)

This Agreement is entered into this 5th day of June, 2017 (the "Effective Date"), by and between The Scripps Research Institute, a California nonprofit public benefit corporation located at 10550 North Torrey Pines Road, La Jolla, California 92037 ("TSRI"), and ChromaPharma, Inc., a Nevada for-profit corporation located at 10005 Muirlands Blvd., Suite G, Irvine, CA 92618 USA ("Sponsor"), with respect to the facts set forth below.

Canyon Gold Corp. – Funding Agreement (July 28th, 2017)

WHEREAS DTII developed a working prototype of the PASSIVE SECUTIY SCAN system and is ready to start production and marketing.

Bfc Financial – Sixth Amended and Restated Note Funding Agreement (May 24th, 2017)
Contura Energy, Inc. – Reclamation Funding Agreement (May 8th, 2017)

THIS AGREEMENT (as it may be amended or modified from time to time, this "Reclamation Funding Agreement") is made and entered into as of July 12, 2016, by and among: Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"); Contura Energy, Inc. (the "Purchaser"); the Illinois Department of Natural Resources; the Kentucky Energy and Environment Cabinet, Department for Natural Resources; the United States Department of the Interior, Office of Surface Mining, Reclamation and Enforcement, in its capacity as the regulatory authority over surface mining operations in the State of Tennessee ("OSMRE"); the Virginia Department of Mines, Minerals and Energy; and the West Virginia Department of Environmental Protection (collectively, the "Regulatory Authorities" and, together with the Debtors and the Purchaser,

Fifth Amendment to Amended and Restated Credit and Funding Agreement (May 3rd, 2017)

This FIFTH AMENDMENT TO AMENDED AND RESTATED FUNDING AND CREDIT AGREEMENT (this "Amendment"), dated as of September 29, 2016, to the Amended and Restated Credit and Funding Agreement dated as of December 9, 2010, as amended by the First Amendment thereto dated as of December 27, 2010, the Second Amendment thereto dated as of April 27, 2012, the Third Amendment thereto dated as of June 23, 2014 and the Fourth Amendment dated as of June 23, 2015 (the "Credit and Funding Agreement"), among OLIN CORPORATION, a Virginia corporation (the "Borrower"), the Lenders and other parties party thereto from time to time and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent.

Probe Manufacturing – Escrow Funding Agreement (April 20th, 2017)
Biolabmart Inc. – License and Research Funding Agreement (March 13th, 2017)
SIXTH AMENDMENT TO AMENDED AND RESTATED CREDIT AND FUNDING AGREEMENT by and Among OLIN CORPORATION as Borrower and THE LENDERS PARTY HERETO and PNC BANK, NATIONAL ASSOCIATION as Administrative Agent and PNC CAPITAL MARKETS LLC as Lead Arranger and Sole Bookrunner Dated as of March 9, 2017 (March 9th, 2017)

This SIXTH AMENDMENT TO AMENDED AND RESTATED FUNDING AND CREDIT AGREEMENT (this Amendment), dated as of March 9, 2017, to the Amended and Restated Credit and Funding Agreement dated as of December 9, 2010, as amended by the First Amendment thereto dated as of December 27, 2010, the Second Amendment thereto dated as of April 27, 2012, the Third Amendment thereto dated as of June 23, 2014, the Fourth Amendment thereto dated as of June 23, 2015 and the Fifth Amendment thereto dated as of September 29, 2016 (the Credit and Funding Agreement), among OLIN CORPORATION, a Virginia corporation (the Borrower), the Lenders and other parties party thereto from time to time and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent.

22nd Century Group, Inc. – [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. RESEARCH FUNDING AGREEMENT BETWEEN THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA AND 22nd CENTURY LIMITED, LLC (March 8th, 2017)

This Research Funding Agreement is entered into as of December 14, 2016 (the "Agreement"), by and between The Rector and Visitors of the University of Virginia, a not-for-profit Virginia educational institution of the Commonwealth of Virginia located at 1001 North Emmet Street, Charlottesville, Virginia 22903 ("University"), and 22nd Century Limited, LLC, a for-profit Delaware limited liability company with its principal place of business at 9530 Main Street, Clarence, New York 14031 ("Sponsor"), for the purposes as hereinafter set forth.

Litigation Funding Agreement (February 27th, 2017)

This Litigation Funding Agreement is made as of the 15th day of December 2016, among [CONFIDENTIAL TREATMENT REQUESTED] located at[CONFIDENTIAL TREATMENT REQUESTED], PRISM TECHNOLOGIES LLC, located at 2323 S. 171st Street, Suite 106, Omaha, Nebraska 68130 ("Claimant"), and [CONFIDENTIAL TREATMENT REQUESTED], as collateral agent for [CONFIDENTIAL TREATMENT REQUESTED] ("Collateral Agent").

Dominion Minerals Corp – Litigation Funding Agreement (February 14th, 2017)
Alcoa Upstream Corp – Enterprise Funding Agreement (Restated) Alcoa Corporation Alumina Limited Alcoa Australian Holdings Pty Ltd Alcoa of Australia Limited Enterprise Funding Partnership (November 4th, 2016)

The Enterprise Funding Agreement (Restated), originally made on, and effective on and from, 18 September 2006, as amended, restated and novated with effect on and from 1 November 2016.

Innovative Industrial Properties Inc – Funding Agreement (October 17th, 2016)

THIS FUNDING AGREEMENT (this "Agreement") is made and executed as of October 17, 2016 (the "Execution Date"), by and between IGP Advisers LLC, a California limited liability company ("IGP Advisers"), and Innovative Industrial Properties, Inc., a Maryland corporation (together with its subsidiaries, "IIP").

RxMM Health Limited and Players Network Inc. Definitive Funding Agreement (August 23rd, 2016)

This agreement between RxMM Health Limited referred to in this agreement as the "Investor" or "RxMM" with its corporate offices located at 45 Ventnor Avenue West Perth 6005 Australia, and Players Network Inc. referred to in this agreement as the "Company" with it corporate offices located at 1771 East Flamingo Road, Suite 201a, Las Vegas, Nevada 89119 sets forth certain understandings and certain binding terms that were contained in the executed LOI dated April 21, 2016, and are being formalized in this Definitive Agreement relative to the transactions that were contemplated therein.

TEKMIRA PHARMACEUTICALS Corp – Confidential Treatment Has Been Requested for Portions of This Exhibit. The Copy Filed Herewith Omits the Information Subject to the Confidentiality Request. Omissions Are Designated as [***]. A Complete Version of This Exhibit Has Been Filed Separately With the Securities and Exchange Commission. AMENDED AND RESTATED RESEARCH COLLABORATION and FUNDING AGREEMENT (August 4th, 2016)

This Amended and Restated Research Collaboration and Funding Agreement (this "Agreement"), is entered into by and between Arbutus Biopharma, Inc., a Delaware corporation ("Company"), and the Baruch S. Blumberg Institute, a Pennsylvania not-for-profit company ("Institution"), as of June 5, 2016 (the "Effective Date"). Each of Company and Institution may be referred to herein individually as a "Party" and jointly as the "Parties".

Niocorp Developments Ltd – Convertible Security Funding Agreement (July 26th, 2016)

1 Definitions and Interpretation 3 1.1 Definitions 3 1.2 Interpretation 13 2 Convertible Securities 14 2.1 Convertible Securities 14 2.2 Interest 17 3 Closing Fees and Warrants 17 3.1 Closing Fees 17 3.2 Closing Warrants 17 4 Conditions Precedent to Closing 18 4.1 Conditions Precedent to Closing - Investor 18 4.2 Conditions Precedent to Closing - Company 19 5 Buy-Back, Market Cap / Cash Balance Conversion Event and Conversion of the Convertible Security 20 5.1 Buy-Back and Market Cap /Cash Balance Conversion Event 20 5.2 Conversion of the Convertible Security 21 5.3 Issuing of Investor's Shares 23 5.4