Common use of Compliance and Resolution Clause in Contracts

Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology III, L.P. and Hercules Capital, Inc. To: Agent: Date: , 20[ ] Hercules Capital, Inc. (the “Agent”) ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310 Palo Alto, CA 94301 email: ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Attn: Constellation Pharmaceuticals, Inc., a Delaware corporation (“Borrower”) hereby requests from Hercules Capital, Inc. (“Lender”) an Advance in the amount of Dollars ($ ) on , (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please: (a) Issue a check payable to Borrower or (b) Wire Funds to Borrower’s account [LAST 3 DIGITS] Bank: Address: ABA Number: Account Number: Account Name: Contact Person: Phone Number To Verify Wire Info: Email address: Borrower represents that the conditions precedent to the Advance set forth in the Agreement shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; and (iii) that as of the Advance Date, no fact or condition exists that could (or could, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Agent has the right to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that Borrower’s corporate status and chief executive office have not changed since the date of the Agreement (except as otherwise disclosed to Agent) or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Advance Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWER: CONSTELLATION PHARMACEUTICALS, INC. SIGNATURE: TITLE: PRINT NAME:

Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology III, L.P. and Hercules Capital, Inc. To: Agent: Date: :__________, 20[ ] __ Hercules Capital, Inc. (the “Agent”) ▇▇40▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310 Palo Alto, CA 94301 email: ▇▇le▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Attn: Constellation PharmaceuticalsTG Therapeutics, Inc., a Delaware corporation (the “Parent”) and TG Biologics, Inc. a Delaware corporation (“TG Bio”; together with Parent, individually and collectively, jointly and severally, the “Borrower”) hereby requests from Hercules Capital, Inc. Inc., and Hercules Technology III, L.P. (collectively “Lender”) an Advance in the amount of _____________________ Dollars ($ $________________) on ______________, _____ (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please: (a) Issue a check payable to Borrower or________ (b) Wire Funds to Borrower’s account ________ [LAST 3 DIGITS] Bank: _____________________________ Address: _____________________________ _____________________________ ABA Number: _____________________________ Account Number: _____________________________ Account Name: _____________________________ Contact Person: _____________________________ Phone Number To Verify Wire Info: _____________________________ Email address: Borrower represents that the conditions precedent to the Advance set forth in the Agreement shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; and (iii) that as of the Advance Date, no fact or condition exists that could (or could, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Agent has the right to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. _____________________________ Borrower hereby represents that Borrower’s corporate status and chief executive office locations have not changed since the date of the Agreement (except as otherwise disclosed to Agent) or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Advance Borrowing Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWER: CONSTELLATION PHARMACEUTICALSTG THERAPEUTICS, INC. SIGNATURE: :________________________ TITLE: :_____________________________ PRINT NAME:______________________ TG BIOLOGICS, INC. SIGNATURE:________________________ TITLE:_____________________________ PRINT NAME:______________________

Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology IIIII, L.P. and Hercules Capital, Inc. To: Agent: Date: __________, 20[ ] __ Hercules CapitalTechnology II, Inc. L.P. (the “Agent”) ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310 Palo Alto, CA 94301 email: ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Attn: Constellation AcelRx Pharmaceuticals, Inc., a Delaware corporation Inc. (“Borrower”) hereby requests from Hercules CapitalTechnology II, Inc. L.P. and Hercules Capital Funding Trust 2014-1 (collectively, “Lender”) an Advance in the amount of _____________________ Dollars ($ $________________) on ______________, _____ (the “Advance Date”) pursuant to the Amended and Restated Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please: (a) Issue a check payable to Borrower or (b) Wire Funds to Borrower’s account [LAST 3 DIGITS] Bank: Address: ABA Number: Account Number: Account Name: Contact Person: Phone Number To Verify Wire Info: Email address: Borrower represents that the conditions precedent to the Advance set forth in the Agreement shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; and (iii) that as of the Advance Date, no fact or condition exists that could (or could, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Agent has the right to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that Borrower’s corporate status and chief executive office have not changed since the date of the Agreement (except as otherwise disclosed to Agent) or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Advance Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWER: CONSTELLATION PHARMACEUTICALS, INC. SIGNATURE: TITLE: PRINT NAME:.

Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (ix) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (iiy) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology III, L.P., Hercules Technology II, L.P. and Hercules Capital, Inc. 42 Exhibit 10.1 Execution Version EXHIBIT A ADVANCE REQUEST To: Agent: Date: [●], 20[ ] 2016 Hercules Capital, Inc. (the “Agent”) ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310 Palo Alto, CA 94301 email: ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Attn: Constellation [Advance request to be provided to each Lender] Bellicum Pharmaceuticals, Inc., a Delaware corporation Inc. (“Borrower”) hereby requests from [Hercules Capital, Inc. Inc.]/[Hercules Technology III, L.P.]/[ Hercules Technology II, L.P.] (“Lender”) an Advance in the amount of Dollars ($ ) $[●] on [●], 201[●] (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please: (a) Issue a check payable to Borrower or ________ or (b) Wire Funds to Borrower’s account [LAST 3 DIGITS] ________ Bank: _____________________________ Address: _____________________________ _____________________________ ABA Number: _____________________________ Account Number: ____________________________ Account Name: _____________________________ Contact Person: _____________________________ Phone Number To Verify Wire Info: Email address: Borrower represents that the conditions precedent to the Advance set forth in the Agreement shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; and (iii) that as of the Advance Date, no fact or condition exists that could (or could, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Agent has the right to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that Borrower’s corporate status and chief executive office have not changed since the date of the Agreement (except as otherwise disclosed to Agent) or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Advance Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWER: CONSTELLATION PHARMACEUTICALS, INC. SIGNATURE: TITLE: PRINT NAME:_____________________________

Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their its affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent between Borrower and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or AgentLender, Borrower will cooperate and assist with any assignment of the financing agreements among from Hercules Technology III, L.P. and to Hercules Technology Growth Capital, Inc. To: AgentLender: Date: June , 20[ ] 2013 Hercules CapitalTechnology III, Inc. (the “Agent”) L.P. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310 Palo Alto, CA 94301 emailFacsimile: ▇▇▇▇▇@-▇▇▇-▇▇▇▇▇▇▇▇▇.▇▇▇ Attn: Constellation PharmaceuticalsRockwell Medical, Inc., a Delaware corporation Inc. (“Borrower”) hereby requests from Hercules CapitalTechnology III, Inc. L.P. (“Lender”) an Advance in the amount of Twenty Million Dollars ($ $20,000,000.00) on June 14, 2013 (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent between Borrower and Lender (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please: (a) Issue a check payable to Borrower or (b) Wire Funds to Borrower’s account [LAST 3 DIGITS] Bank: Address: ABA Number: Account Number: Account Name: Contact Person: Phone Number To Verify Wire Info: Email address: Borrower represents that the conditions precedent to the Advance set forth in the Agreement shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; and (iii) that as of the Advance Date, no fact or condition exists that could (or could, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Agent has the right to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that Borrower’s corporate status and chief executive office have not changed since the date of the Agreement (except as otherwise disclosed to Agent) or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Advance Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWER: CONSTELLATION PHARMACEUTICALS, INC. SIGNATURE: TITLE: PRINT NAME:.

Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology III, L.P. and Hercules Capital, Inc. To: Agent: $[ ],000,000 Advance Date: ___ __, 20[ ] Term Loan Maturity Date: ___ __, 20[ ] FOR VALUE RECEIVED, Paratek Pharmaceuticals, Inc., a Delaware corporation, and Paratek Pharma, LLC, a Delaware limited liability company, for themselves and each of their Qualified Subsidiaries (individually and collectively, jointly and severally, the “Borrower”) hereby promises to pay to the order of Hercules Capital, Inc. Inc., a Maryland corporation or the holder of this Note (the “Lender”) at 40▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of [ ] Million Dollars ($[ ],000,000) or such other principal amount as Lender has advanced to Borrower, together with interest at a rate as set forth in Section 2.1(c) of the Loan Agreement based upon a year consisting of 360 days, with interest computed daily based on the actual number of days in each month. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Amended and Restated Loan and Security Agreement dated June 27, 2019, by and among Borrower, Hercules Capital, Inc., a Maryland corporation (the “Agent”) ▇▇and the several banks and other financial institutions or entities from time to time party thereto as lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note. Borrower waives presentment and demand for payment, notice of dishonor, protest and notice of protest under the UCC or any applicable law. Borrower agrees to make all payments under this Promissory Note without setoff, recoupment or deduction and regardless of any counterclaim or defense. This Promissory Note has been negotiated and delivered to Lender and is payable in the State of California. This Promissory Note shall be governed by and construed and enforced in accordance with, the laws of the State of California, excluding any conflicts of law rules or principles that would cause the application of the laws of any other jurisdiction. BORROWER FOR ITSELF: PARATEK PHARMACEUTICALS, INC. By: Title: PARATEK PHARMA, LLC By: Title: Hercules Capital, Inc. 40▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310 Palo Alto, CA 94301 email: ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Attn: Constellation PharmaceuticalsReference is made to that certain Amended and Restated Loan and Security Agreement dated June 27, 2019 and the Loan Documents (as defined therein) entered into in connection with such Amended and Restated Loan and Security Agreement all as may be amended from time to time (hereinafter referred to collectively as the “Loan Agreement”) by and among Hercules Capital, Inc., a Delaware corporation the several banks and other financial institutions or entities from time to time party thereto (collectively, the “Lender”) and Hercules Capital, Inc., as agent for the Lender (the “Agent”) and Paratek Pharmaceuticals, Inc. and Paratek Pharma, LLC (individually and collectively, jointly and severally, the “Borrower”) hereby requests from Hercules Capital, Inc. (“Lender”) an Advance in the amount of Dollars ($ ) on , (the “Advance Date”) pursuant to the Loan and Security Agreement among as Borrower, Agent and Lender (the “Agreement”). Capitalized words and other All capitalized terms used but not otherwise defined herein are used with shall have the same meanings meaning as defined in the Loan Agreement. Please: (a) Issue a check payable The undersigned is an Officer of Borrower, knowledgeable of all Borrower financial matters, and is authorized to Borrower or (b) Wire Funds to provide certification of information regarding Borrower’s account [LAST 3 DIGITS] Bank: Address: ABA Number: Account Number: Account Name: Contact Person: Phone Number To Verify Wire Info: Email address: Borrower represents ; hereby certifies, in such capacity, that in accordance with the terms and conditions precedent to of the Advance Loan Agreement, except as set forth in the Agreement shall be satisfied upon the making of such Advancebelow, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred Borrower is in compliance for the period ending ________ of all covenants, conditions and is continuing; terms and (ii) hereby reaffirms that the all representations and warranties set forth in the Agreement contained therein are and shall be true and correct in all material respects on and as of the Advance Date date of this Compliance Certificate with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; , after giving effect in all cases to any standard(s) of materiality contained in the Loan Agreement as to such representations and warranties. Attached are the required documents supporting the above certification. The undersigned further certifies that these are prepared in accordance with GAAP (except for the absence of footnotes with respect to unaudited financial statement and subject to normal year end adjustments) and are consistent from one period to the next except as explained below. EXCEPTION(S): REPORTING REQUIREMENT REQUIRED CHECK IF ATTACHED Interim Financial Statements Monthly within 30 days Interim Financial Statements Quarterly within 45 days Audited Financial Statements FYE within 90 days FINANCIAL COVENANT REQUIRED ACTUAL Cash Management Lesser of (i) one (1) times the outstanding Secured Obligations of Borrower to Lender or (ii) one hundred percent (100%) of all cash of Borrower and its Subsidiaries (other than cash held in (a) Excluded Accounts, (b) accounts maintained by an SPE in the ordinary course or (c) other accounts in an aggregate amount not in excess of One Hundred Thousand Dollars ($100,000.00)). Minimum Cash/Net Revenue (prior to the occurrence of the 2019 Extension Event) Either: (i) ($25,000,000)maintain at all times, in an account in the name of Borrower and subject to an Account Control Agreement in favor of Agent, tested at all times, unrestricted and unencumbered cash in an amount equal to the lesser of (a) Twenty-Five Million Dollars ($25,000,000.00), and (iiib) that one (1) times the outstanding Secured Obligations of Borrower to Lender or (ii) achieve, calculated on a trailing six (6) month basis and tested as of the Advance Datelast day of eachthe calendar quarter, no fact or condition exists that could net revenue (or could, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Agent has the right determinedmonth most recently ended prior to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that Borrower’s corporate status and chief executive office have not changed since the any date of determination for which financial statements are required to be delivered in accordance with GAAP) from the Agreement sale of its Omadacycline productSection 7.1, as applicable, Net Product Revenue of no less than eighty-five percent (except as otherwise disclosed to Agent85.0%) or, if of the Attachment to this Advance Request is completed, are as projected net revenues set forth in the Attachment to this Advance RequestForecast. Borrower agrees to notify Agent promptly before Cash (after the funding occurrence of the Loan if any 2019 Extension Event) One (1) times the outstanding Secured Obligations of Borrower to Lender in an account in the matters which have been represented above shall not be true name of Borrower and correct on subject to an Account Control Agreement INELIGIBLE SUBSIDIARIES Name of Ineligible Subsidiary Value of Assets Annual Revenue Very Truly Yours, PARATEK PHARMACEUTICALS, INC. By: Name: Title: PARATEK PHARMA, LLC By: Name: Title: This Joinder Agreement (the Advance Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been “Joinder Agreement”) is made and shall be deemed to be true and correct as of the Advance Date. Executed dated as of [ ], 20[ ]. BORROWER: CONSTELLATION PHARMACEUTICALS, and is entered into by and between [ ], a [ ] (“Subsidiary”), and HERCULES CAPITAL, INC. SIGNATURE: TITLE: PRINT NAME:., a Maryland corporation (as “Agent”).

Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender Hercules II believes that there is a substantial risk of such assertion) that Agent, Lender Hercules II and their its affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender Hercules II by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent between Borrower and LenderHercules II. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender Hercules II believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender Hercules II and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, LenderHercules II, and any governmental regulatory agency, and (ii) upon request of Lender or AgentHercules II, Borrower will cooperate and assist with any assignment of the financing agreements among from Hercules II to Hercules Technology III, L.P. and Hercules Growth Capital, Inc. To: AgentLender: Date: , 20[ ] __ Hercules Technology II, L.P. Hercules Technology Growth Capital, Inc. (the “Agent”) ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310 Palo Alto, CA 94301 emailFacsimile: ▇▇▇▇▇@-▇▇▇-▇▇▇▇▇▇▇▇▇.▇▇▇ Attn: Constellation AcelRx Pharmaceuticals, Inc., a Delaware corporation Inc. (“Borrower”) hereby requests from Hercules Technology II, L.P. and Hercules Technology Growth Capital, Inc. (collectively, “Lender”) an Advance in the amount of Fifteen Million Dollars ($ $15,000,000.00) on December 16, 2013 (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent between Borrower and Lender dated as of December 16, 2013 (the “Agreement”). In addition, Borrower directs Lender to (i) retain the Facility Charge and reimbursement of Lender’s current expenses and (ii) payoff loans funded under the Original Agreement. Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please: (a) Issue a check payable to Borrower or (b) Wire Funds to Borrower’s account [LAST 3 DIGITS] Bank: Address: ABA Number: Account Number: Account Name: Contact Person: Phone Number To Verify Wire Info: Email address: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement and in the Warrants are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that Borrower is in compliance with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iiiiv) that as of the Advance Date, no fact or condition exists that could would (or couldwould, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Agent Lender has the right to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that Borrower’s corporate status and chief executive office locations have not changed since the date of the Agreement (except as otherwise disclosed to Agent) or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Agent Lender promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Advance Borrowing Date and if Agent Lender has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]__. BORROWER: CONSTELLATION PHARMACEUTICALSAcelRx Pharmaceuticals, INC. Inc. SIGNATURE: TITLE: PRINT NAME:

Compliance and Resolution. Borrower ▇▇▇▇▇▇▇▇ agrees that a failure to comply with Borrower▇▇▇▇▇▇▇▇’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender ▇▇▇▇▇▇ believes that there is a substantial risk of such assertion) that Agent, Lender and their affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent and Lender. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender ▇▇▇▇▇▇ and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agent, Borrower will cooperate and assist with any assignment of the financing agreements among Hercules Technology IIICapital, Inc., Hercules Private Credit Fund I L.P. and Hercules Capital, Inc. Private Global Venture Growth Fund I L.P. ​ To: Agent: Date: ​ , 20[ ] 20 ​ ​ ​ ​ ​ ​ Hercules Capital, Inc. (the “Agent”) ​ ​ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310 ​ ​ Palo Alto, CA 94301 ​ ​ email: ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ​ ​ Attn: Constellation Pharmaceuticals​ ​ TG Therapeutics, Inc., a Delaware corporation (the “Parent”) and TG Biologics, Inc. a Delaware corporation (“TG Bio”; together with Parent, together with each of Parent’s Subsidiaries that delivers a Joinder Agreement pursuant to Section 7.13 of the Agreement (as defined below) individually and collectively, jointly and severally, the “Borrower”) hereby requests from Hercules Capital, Inc. Inc., Hercules Private Credit Fund I L.P. and Hercules Private Global Venture Growth Fund I L.P. (collectively “Lender”) an Advance in the amount of ​ ​ Dollars ($ $​ ​) on , (the on​ ​,​ ​(the “Advance Date”) pursuant to the Amended and Restated Loan and Security Agreement Agreement, dated as of December 30, 2021, among Borrower, Agent and Lender (as amended, restated, amended and restated, supplemented and otherwise modified from time to time, the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please: (a) Issue a check payable to Borrower or (b) Wire Funds to Borrower’s account [LAST 3 DIGITS] Bank: Address: ABA Number: Account Number: Account Name: Contact Person: Phone Number To Verify Wire Info: Email address: Borrower represents that the conditions precedent to the Advance set forth in the Agreement shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; and (iii) that as of the Advance Date, no fact or condition exists that could (or could, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Agent has the right to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that Borrower’s corporate status and chief executive office have not changed since the date of the Agreement (except as otherwise disclosed to Agent) or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Advance Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWER: CONSTELLATION PHARMACEUTICALS, INC. SIGNATURE: TITLE: PRINT NAME:.

Compliance and Resolution. Each Borrower agrees that a failure to comply with such Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or the Lender believes that there is a substantial risk of such assertion) that Agent, the Lender and their its affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to the Lender by any Borrower, will constitute a breach of the obligations of such Borrower under the financing agreements among Borrower, Agent between the Borrowers and the Lender. In the event of (i) a failure to comply with any Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or the Lender believes that there is a substantial risk of such assertion) of a failure to comply with any Borrower’s obligations under this Addendum, then (i) Agent, the Lender and Borrower the Borrowers will meet and resolve any such issue in good faith to the satisfaction of Borrowerthe Borrowers, Agent, the Lender, and any governmental regulatory agency, and (ii) upon request of Lender or Agentthe Lender, each Borrower will cooperate and assist with any assignment of the financing agreements among from Hercules Technology IIIII, L.P. and to Hercules Technology Growth Capital, Inc. To: AgentLender: Date: [__________], 20[ ] 2011 Hercules Technology II, L.P. Hercules Technology Growth Capital, Inc. (the “Agent”) ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310 Palo Alto, CA 94301 emailFacsimile: ▇▇▇▇▇@-▇▇▇-▇▇▇▇▇▇▇▇▇.▇▇▇ Attn: Constellation [_______________] Anthera Pharmaceuticals, Inc., a Delaware corporation Inc. (the “Administrative Borrower”) hereby requests from Hercules Technology II, L.P. and Hercules Technology Growth Capital, Inc. (collectively, the “Lender”) an Advance in the amount of Twenty-Five Million Dollars ($ $25,000,000) on [______________], 2011 (the “Advance Date”) pursuant to the Loan and Security Agreement among between the Administrative Borrower, Agent the other borrowers from time to time party thereto, the Lender, and Lender Hercules Technology II, L.P. in its capacity as the collateral agent (the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please: (aa ) Issue a check payable to the Administrative Borrower or (bb ) Wire Funds to the Administrative Borrower’s account [LAST 3 DIGITS] Bank: Address: ABA Number: Account Number: Account Name: Contact Person: Phone Number To Verify Wire Info: Email address: Borrower represents that the conditions precedent to the Advance set forth in the Agreement shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; and (iii) that as of the Advance Date, no fact or condition exists that could (or could, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Agent has the right to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that Borrower’s corporate status and chief executive office have not changed since the date of the Agreement (except as otherwise disclosed to Agent) or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Advance Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWER: CONSTELLATION PHARMACEUTICALS, INC. SIGNATURE: TITLE: PRINT NAME:

Compliance and Resolution. Borrower agrees that a failure to comply with Borrower’s obligations under this Addendum, or any other set of facts or circumstances where it has been asserted by any governmental regulatory agency (or Agent or Lender Hercules II believes that there is a substantial risk of such assertion) that Agent, Lender Hercules II and their its affiliates are not entitled to hold, or exercise any significant right with respect to, any securities issued to Lender Hercules II by Borrower, will constitute a breach of the obligations of Borrower under the financing agreements among Borrower, Agent between Borrower and LenderHercules II. In the event of (i) a failure to comply with Borrower’s obligations under this Addendum; or (ii) an assertion by any governmental regulatory agency (or Agent or Lender Hercules II believes that there is a substantial risk of such assertion) of a failure to comply with Borrower’s obligations under this Addendum, then (i) Agent, Lender Hercules II and Borrower will meet and resolve any such issue in good faith to the satisfaction of Borrower, Agent, LenderHercules II, and any governmental regulatory agency, and (ii) upon request of Lender or AgentHercules II, Borrower will cooperate and assist with any assignment of the financing agreements among from Hercules II to Hercules Technology III, L.P. and Hercules Growth Capital, Inc. To: AgentLender: Date: , 20[ ] 20 Hercules Technology II, L.P. Hercules Technology Growth Capital, Inc. (the “Agent”) ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310 Palo Alto, CA 94301 emailFacsimile: ▇▇▇▇▇@-▇▇▇-▇▇▇▇▇▇▇▇▇.▇▇▇ Attn: Constellation AcelRx Pharmaceuticals, Inc., a Delaware corporation Inc. (“Borrower”) hereby requests from Hercules Technology II, L.P. and Hercules Technology Growth Capital, Inc. (collectively, “Lender”) an Advance in the amount of Ten Million Dollars ($ $10,000,000.00) on , (the “Advance Date”) pursuant to the Loan and Security Agreement among Borrower, Agent between Borrower and Lender (the “Agreement”). In addition, Borrower directs Lender to (i) retain the Facility Charge and reimbursement of Lender’s current expenses and (ii) payoff the Pinnacle Ventures facility in accordance with the payoff letter. Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please: (a) Issue a check payable to Borrower or (b) Wire Funds to Borrower’s account [LAST 3 DIGITS] Bank: Address: ABA Number: Account Number: Account Name: Contact Person: Phone Number To Verify Wire Info: Email address: Borrower represents that the conditions precedent to the Advance set forth in the Agreement shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; and (iii) that as of the Advance Date, no fact or condition exists that could (or could, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Agent has the right to review the financial information supporting this representation and, based upon such review in its sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that Borrower’s corporate status and chief executive office have not changed since the date of the Agreement (except as otherwise disclosed to Agent) or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Advance Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWER: CONSTELLATION PHARMACEUTICALS, INC. SIGNATURE: TITLE: PRINT NAME:.