COMMON STOCK PURCHASE WARRANT ACCENTIA BIOPHARMACEUTICALS, INC.Accentia Biopharmaceuticals Inc • December 26th, 2012 • Pharmaceutical preparations • Illinois
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, CORPS REAL, LLC. (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time commencing on the Issue Date (the “Initial Exercise Date”) and ending on the close of business on October 9, 2020 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Accentia Biopharmaceuticals, Inc., a Florida corporation (the “Company”), up to 5,500,000 shares (the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITY AGREEMENTSecurity Agreement • December 26th, 2012 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Illinois
THIS SECURITY AGREEMENT (this “Agreement”) is made and is entered into as of the 20th day of December, 2012, by ACCENTIA BIOPHARMACEUTICALS, INC., a Florida corporation (the “Borrower”), in favor of PABETI, INC., an Illinois limited liability company (the “Secured Party”).
STANDSTILL AGREEMENTStandstill Agreement • December 26th, 2012 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
THIS STANDSTILL AGREEMENT (the “Agreement”) is made and entered into effective as of November 17, 2012, by and among (i) BIOVEST INTERNATIONAL, INC., a Delaware corporation (“Biovest”); (ii) CORPS REAL, LLC, an Illinois limited liability company (the “Senior Lender”); (iii) PSOURCE STRUCTURED DEBT LIMITED, a Guernsey limited liability company (“PSource”), VALENS U.S. SPV I, LLC, a Delaware limited liability company (“Valens U.S.”), VALENS OFFSHORE SPV I, LTD., a Delaware limited liability company (“Valens Offshore I”), VALENS OFFSHORE SPV II, CORP., a Delaware corporation (“Valens Offshore II”), LAURUS MASTER FUND, LTD. (IN LIQUIDATION), a Cayman Islands company (“Laurus”), and ERATO CORP., a Delaware corporation (“Erato” and together with PSource, Valens U.S., Valens Offshore I, Valens Offshore II, and Laurus, collectively, the “Lenders”); and (iv) LV ADMINISTRATIVE SERVICES, INC., a Delaware corporation, as administrative and collateral agent for the Lenders (in such capacity, the “A
AMENDED & RESTATED SECURITY AGREEMENTSecurity Agreement • December 26th, 2012 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Illinois
THIS SECURITY AGREEMENT (this “Agreement”) is made and is entered into as of the 13th day of June, 2011, by ACCENTIA BIOPHARMACEUTICALS, INC., a Florida corporation (the “Borrower”), in favor of CORPS REAL, LLC, an Illinois limited liability company (the “Secured Party”).
