Item 1.01 Entry into a Material Definitive Agreement.
Loan and Security Agreement
On January 31, 2022 (the "Closing Date"), Fennec Pharmaceuticals, Inc, a
Delaware corporation (the "Company"), and wholly owned subsidiary of Fennec
Pharmaceuticals Inc. ("Fennec") announced a third amendment to its existing
senior debt facility with the Life Sciences Group at Bridge Bank, a division of
Western Alliance Bank, an Arizona corporation (the "Bank"), amended and restated
certain definitions in the Second Amendment to the Loan Security Agreement
originally dated February 1, 2019.
The U.S. operating subsidiary of Fennec Pharmaceuticals Inc. entered into a
Third Amendment to the 2019 Loan and Security Agreement with Bridge Bank. This
amendment redefines certain definitions to the agreement. The term "Resubmission
Event" is the resubmission by Fennec for final NDA approval from the U.S. Food
and Drug Administration for PEDMARK on or before March 31, 2022. The "Approval
Event" is the receipt of the final NDA approval by Fennec from the U.S. Food and
Drug Administration for PEDMARK on or before September 30, 2022. The Company
intends to use the proceeds from the loans to provide working capital for
commercial readiness activities prior to NDA approval as well as
commercialization activities for PEDMARK, if approved.
A copy of the Loan and Security Agreement is attached hereto as Exhibit 10.1 and
is incorporated herein by reference. The foregoing is a summary description of
the terms of the Loan and Security Agreement and does not purport to be
complete.
2
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
Exhibit No. Description
Exhibit 10.1 Third Amendment to the Loan and Security Agreement dated as of
January 27, 2022 by and among Fennec Pharmaceuticals, Inc. and Western
Alliance Bank.
Exhibit 104 Cover Page Interactive Data File (formatted as Inline XBRL)
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