EX-10.9
from 8-K
6 pages
Termination Agreement, Dated as of January 30, 2023 (This “Agreement”), Relating to the Credit Agreement, Dated as of March 4, 2022, as Amended by the Extension Agreement Dated as of December 30, 2022 (As So Amended, the “Credit Agreement”), Among Acer Therapeutics Inc., a Delaware Corporation (The “Borrower”), the Lenders Party Thereto (The “Lenders”) and Mam Aardvark, LLC, Not Individually, but Solely in Its Capacity as Administrative and Collateral Agent for the Lenders (The “Administrative Agent” And, Together With the Borrower and the Lenders, the “Parties”). Whereas, the Term Loan Commitments Expired by Their Terms Under Section 2.2.1 of the Credit Agreement on January 16, 2023; and Whereas, the Parties Hereby Wish to Confirm the Termination of the Term Loan Commitments, the Credit Agreement and the Other Loan Documents. Now, Therefore, in Consideration of the Mutual Agreements Herein Contained and Other Good and Valuable Consideration, the Sufficiency and Receipt of Which Are Hereby Acknowledged, the Parties Hereto Hereby Agree as Follows: Section 1. Defined Terms. Capitalized Terms Used but Not Otherwise Defined Herein (Including in the Preamble and the Recitals Hereto) Have the Meanings Assigned to Them in the Credit Agreement. Section 2. Termination of the Loan Documents. (A) the Parties Hereby Confirm, Acknowledge and Agree That, Effective as of the Date Hereof (The “Termination Date”), All Term Loan Commitments Under the Credit Agreement Are Hereby Permanently Terminated
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EX-10.6
from 8-K
76 pages
Credit Agreement Among Acer Therapeutics Inc., as Borrower, Mam Aardvark, LLC, as Agent, Sole Lead Arranger and Sole Bookrunner, and the Financial Institutions Party Hereto From Time to Time as Lenders Dated as of March 4, 2022
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EX-10.1
from 8-K
75 pages
Credit Agreement Among Acer Therapeutics Inc., as Borrower, Swk Funding LLC, as Agent, Sole Lead Arranger and Sole Bookrunner, and the Financial Institutions Party Hereto From Time to Time as Lenders Dated as of March 4, 2022
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EX-4.7
from S-3
2 pages
The Corporation Will Furnish Without Charge to Each Stockholder Who So Requests the Powers, Designations, Preferences, and Relative, Participating, Optional, or Other Special Rights of Each Class of Stock or Series Thereof and the Qualifications, Limitations, or Restrictions of Such Preferences and/or Rights. the Following Abbreviations, When Used in the Inscription on the Face of This Certificate, Shall Be Construed as Though They Were Written Out in Full According to Applicable Laws or Regulations: Ten Com - As Tenants in Common Unif Gift Min Act - Custodian Ten Ent - As Tenants by the Entireties (Cust) (Minor) Jt Ten - As Joint Tenants With Right of Under Uniform Gifts to Minors Survivorship and Not as Tenants Act in Common (State) Additional Abbreviations May Also Be Used Though Not in the Above List. for Value Received, the Undersigned Hereby Sells, Assigns and Transfers Unto Please Insert Social Security or Other Identifying Number of Assignee (Please Print or Typewrite Name and Address, Including Zip Code, of Assignee) Shares of the Capital Stock Represented by the Within Certificate, and Does Hereby Irrevocably Constitute and Appoint Attorney to Transfer the Said Stock on the Books of the Within Named Corporation With Full Power of Substitution in the Premises. Dated Notice: The Signature to This Assignment Must Correspond With the Name as Written Upon the Face of the Certificate in Every Particular, Without Alteration or Enlargement or Any Change Whatever. Signature(s) Guaranteed: The Signature(s) Should Be Guaranteed by an Eligible Guarantor Institution (Banks, Stockbrokers, Savings and Loan Associations and Credit Unions With Membership in an Approved Signature Guarantee Medallion Program), Pursuant to S.E.C. Rule 17 Ad-15
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