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Credit Agreement

 

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Title:

Credit Agreement

Entities:

GlaxoSmithKline plc; ID Biomedical Corp.

Date:

2005

Size:

57KB total

Price:

$50

ID:

#1218659

 

 

► Loans ► Credit Agreements
► Biotech & Drugs ► Pharmaceutical Preparations
► Biotech & Drugs ► Biological Products

 

 

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CREDIT AGREEMENT

 

BETWEEN

 

ID BIOMEDICAL CORPORATION

 

AND

 

GLAXOSMITHKLINE INC.

 

 

MADE AS OF

 

September 7, 2005

 

CREDIT AGREEMENT

 



 

TABLE OF CONTENTS

 

ARTICLE 1 - INTERPRETATION

 

 

 

1.01

Definitions

 

1.02

Headings

 

1.03

Number

 

1.04

Interest Act (Canada)

 

1.05

Schedules

 

 

 

 

ARTICLE 2 - THE CREDIT FACILITY

 

 

 

2.01

Credit Facility

 

2.02

Purpose

 

2.03

The Availability Period

 

2.04

Drawdown Restrictions

 

2.05

Notice Periods for Drawdowns

 

2.06

Lenders Obligations with Respect to Drawdowns

 

2.07

Optional Credit Facility

 

 

 

 

ARTICLE 3 - CONDITIONS PRECEDENT TO DRAWDOWNS

 

 

 

3.01

Conditions for First Drawdown

 

3.02

Conditions for Drawdown of Tranche 2

 

3.03

Conditions for Subsequent Drawdowns

 

3.04

Waiver

 

 

 

 

ARTICLE 4 - EVIDENCE OF ADVANCES

 

 

 

4.01

Account of Record

 

 

 

 

ARTICLE 5 - PAYMENTS OF INTEREST

 

 

 

5.01

Interest on Loans

 

5.02

No Deduction etc.

 

5.03

Accrual of Interest

 

 

 

 

ARTICLE 6 - REPAYMENT

 

 

 

6.01

Mandatory Repayment of Principal

 

6.02

Optional Prepayment of Principal

 

6.03

Mandatory Payments After a Fundamental Change

 

 



 

ARTICLE 7 - PLACE AND APPLICATION OF PAYMENTS

 

 

 

7.01

Place of Payment of Principal and Interest

 

7.02

Funds

 

7.03

Application of Payments

 

 

 

 

ARTICLE 8 - REPRESENTATIONS AND WARRANTIES

 

 

 

8.01

Representations and Warranties

 

8.02

Nature of Representations and Warranties

 

 

 

 

ARTICLE 9 - COVENANTS

 

 

 

9.01

Covenants of the Borrower

 

9.02

Successor Corporation

 

 

 

 

ARTICLE 10 - EVENTS OF DEFAULT AND ACCELERATION

 

 

 

10.01

Events of Default

 

10.02

Acceleration

 

 

 

 

ARTICLE 11 - GENERAL

 

 

 

11.01

Notice

 

11.02

Governing Law

 

11.03

Judgment Currency

 

11.04

Benefit of the Agreement

 

11.05

Assignment

 

11.06

Severability

 

11.07

Whole Agreement

 

11.08

Amendments and Waivers

 

11.09

Further Assurances

 

11.10

Time of the Essence

 

11.11

Counterparts

 

11.12

Confidentiality

 

 



 

CREDIT AGREEMENT

 

THIS AGREEMENT is made as of September 7, 2005

 

B E T W E E N:

 

ID BIOMEDICAL CORPORATION, a corporation incorporated under the laws of British Columbia
(hereinafter referred to as the Borrower)

 

- and -

 

GLAXOSMITHKLINE INC., a corporation incorporated under the laws of Canada
(hereinafter referred to as the Lender).

 

WHEREAS the Borrower has requested the Credit Facility and the Lender has agreed to provide the Credit Facility to the Borrower on the terms and conditions herein set forth;

 

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the covenants and agreements herein contained the parties hereto agree as follows:

 

ARTICLE 1 - INTERPRETATION

 

1.01                                                                        Definitions

 

In this Agreement, unless something in the subject matter or context is inconsistent therewith:

 

Advance means an advance of funds made by the Lender to the Borrower under the Credit Facility or the Optional Credit Facility.

 

Agreement means this agreement and all amendments made hereto in accordance with the provisions hereof.

 

Availability Period means the period commencing on the date hereof and ending on the Combination Agreement Termination Date.

 

Banking Day means a day on which banks are open for business in Vancouver, British Columbia but does not in any event include a Saturday or a Sunday.

 

Canadian Dollars means the lawful money of Canada.

 

Combination Agreement means the combination agreement dated as of September 7, 2005 among the Parent, the Lender and the Borrower as from time to time amended.

 

Combination Agreement Termination means that the Combination Agreement has been terminated in accordance with the provisions thereof.

 



 

Combination Agreement Termination Date means the date on which the Combination Agreement is terminated.

 

Credit Facility means the credit facility consisting of two tranches, tranche 1 in the maximum principal amount of U.S. $100 million (Tranche 1), and tranche 2 in the maximum principal amount of U.S. $20 million (Tranche 2), each to be made available to the Borrower by the Lender in accordance with the provisions hereof.

 

Drawdown means an Advance of a Loan.

 

Drawdown Date means the date on which a Drawdown is made by the Borrower pursuant to the provisions hereof and which shall be a Banking Day.

 

Drawdown Notice means a notice substantially in the form annexed hereto as Schedule A to be given to the Lender by the Borrower pursuant to Section 2.05.

 

Event of Default means any of the events described in Section 10.01.

 

Exchange Act means the United States Securities Exchange Act of 1934, as amended.

 

Interest Payment Date means, with respect to any Loan, the first Banking Day of January, April, July and October in each calendar year.

 

Loan means an Advance in United States Dollars made by the Lender to the Borrower under the Credit Facility or the Optional Credit Facility.

 

Maturity Date means the date which is 90 days after the Combination Agreement Termination Date.

 

Officers Certificate means a certificate signed by any one of the Chief Executive Officer, the President, the Chief Financial Officer or a Vice-President of the Borrower.

 

Optional Credit Facility has the meaning set out in Section 2.07(1)(b).

 

Parent means GlaxoSmithKline plc, a public limited company organized under the laws of England and Wales.

 

Repayment Notice means a notice substantially in the form annexed hereto as Schedule B to be given to the Lender by the Borrower pursuant to Section 6.02.

 

Subsidiary of the Borrower means any corporation more than 50% of the Voting Shares of which at the time of determination are owned, directly or indirectly, by the Borrower or by one or more Subsidiaries.


 

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