Teligent, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Purchasers named on Schedule A hereto (the “Purchasers”), acting severally and not jointly, the Company’s 9.5% Series C Senior Secured Convertible Notes...Silverback Confidentiality Agreement • July 20th, 2020 • Teligent, Inc. • Pharmaceutical preparations • New York
The Notes will be issued pursuant to the provisions of that certain Indenture, to be dated as of the date of the Closing (as defined below) (the “Indenture”), by and among the Company, the entities listed on the signature pages thereto as the initial “Subsidiary Guarantors” (the “Subsidiary Guarantors”) and Wilmington Trust, National Association, in its capacity as trustee (together with its successors and assigns, in such capacity, the “Trustee”) and in its capacity as collateral agent (together with its successors and assigns, in such capacity, the “Collateral Agent”). The payment of principal of, premium (including the Company’s obligations under Section 2(b)), and interest on the Notes will be fully and unconditionally guaranteed as set forth in the Indenture (the “Guarantee”), jointly and severally, by each of the Subsidiary Guarantors party hereto. Guarantees shall be provided pursuant to the Indenture by each of the Company’s Subsidiaries (defined below) that guarantees (a) the
