RESTRUCTURING SUPPORT AGREEMENT AMONG MELINTA THERAPEUTICS, INC. AND THE SUPPORTING LENDERS IDENTIFIED HEREIN DATED AS OF DECEMBER 27, 2019Restructuring Support Agreement • December 27th, 2019 • Melinta Therapeutics, Inc. /New/ • Pharmaceutical preparations • New York
This RESTRUCTURING SUPPORT AGREEMENT (together with all exhibits, schedules and attachments hereto, as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof (this “Agreement”)), dated as of December 27, 2019, is among Melinta Therapeutics, Inc., a Delaware corporation (“Melinta” or the “Company”), on behalf of itself and its Subsidiaries listed on Annex A to the Restructuring Term Sheet (each, a “Company Subsidiary” and collectively, the “Company Subsidiaries,” and, together with Melinta, each a “Debtor,” and collectively, the “Debtors”), Deerfield Private Design Fund III, L.P. (“PDIII”) and Deerfield Private Design Fund IV, L.P. (“PDIV”, and together with PDIII, the “Supporting Lenders”), the lenders (after giving effect to the transfers described in Exhibit F) pursuant to that certain Facility Agreement, dated as of January 5, 2018 (as amended by that certain First Amendment to Facility Agreement, dated as of January 14, 2019, and as furthe
