OTHER INFORMATION
+Added: On November 8, 2021, the previously announced transaction between us and 1 Casper, LLC (the “Purchaser”) closed, pursuant to which we sold the Property for a purchase price of $102.3 million, subject to terms and the conditions under the agreement for the
+Added: Sale-Leaseback Transaction.
+Added: The Property included our manufacturing facility (commonly known as Building 1), which consists of approximately 263,900 square feet, but did not include our adjacent research and development facility (commonly known as Building 8).
+Added: Effective with the closing of the Sale-Leaseback Transaction, we and the Purchaser entered into the Lease, pursuant to which we leased the Property from the Purchaser for an initial term of 20 years, with four renewal options of five years each.
+Added: The total annual rent under the Lease starts at approximately $9.5 million per year, subject to a 50% rent abatement during the first year of the Lease, and will increase annually by (i) 2.5% in the second through fifth year of the Lease and (ii) 3% in the sixth and each subsequent year of the Lease, including any renewal term.
+Added: We are responsible for payment of operating expenses, property taxes and insurance for the Property.
+Added: The Purchaser will hold a security deposit of $2.0 million during the Lease term.
+Added: Pursuant to the terms of the Lease, we have four options to repurchase the Real Property, in 2026, 2031, 2036 and 2041, for the greater of (i) $102.3 million and (ii) the fair market value of the Real Property.
+Added: Effective with the closing of the Sale-Leaseback Transaction, we and the Purchaser also entered into the ROFR, pursuant to which we have a right to re-purchase the Property from the Purchaser in accordance with terms and conditions set forth in the ROFR.
+Added: Specifically, if the Purchaser receives, and is willing to accept, a bona fide purchase offer for the Property from a third-party purchaser, we have certain rights of first refusal to purchase the Property on the same material terms as proposed in such bona fide purchase offer.
Description of Document
17 unchanged sentences
000-50865), filed with the SEC on August 7, 2019).
−Removed: Form of 5.75% Convertible Senior Subordinated Exchange Notes Due 2024 (incorporated by reference to Exhibit 4.2 to MannKind’s Current Report on Form 8-K (File No.
−Removed: 000-50865), filed with the SEC on August 7, 2019).
Indenture, dated as of August 6, 2019, by and between MannKind Corporation and U.S.
13 unchanged sentences
000-50865), filed with the SEC on March 5, 2021) .
−Removed: Amendment No.
−Removed: 7 to Credit and Security Agreement, dated April 22, 2021, by and among MannKind Corporation, MannKind LLC, QrumPharma, Inc., and MidCap Financial Trust (incorporated by reference to Exhibit 99.1 to MannKind’s Current Report on Form 8-K (File No.
−Removed: 000-50865), filed with the SEC on April 26, 2021).
−Removed: Amendment No.
−Removed: 1 to Convertible Promissory Note, dated April 22, 2021, by and between MannKind Corporation and The Mann Group LLC (incorporated by reference to Exhibit 99.2 to MannKind’s Current Report on Form 8-K (File No.
−Removed: 000-50865), filed with the SEC on April 26, 2021).
−Removed: Sixth Amendment to Supply Agreement, dated May 24, 2021, by and between MannKind Corporation and Amphastar Pharmaceuticals, Inc.
−Removed: (incorporated by reference to Exhibit 99.1 to MannKind’s Current Report on Form 8-K (File No.
−Removed: 000-50865), filed with the SEC on May 25, 2021).
−Removed: Description of Document
+Added: Commercial Supply Agreement, dated August 12, 2021, by and between MannKind Corporation and United Therapeutics Corporation.
+Added: First Amendment to Commercial Supply Agreement, dated October 16, 2021, by and between MannKind Corporation and United Therapeutics Corporation.
+Added: Purchase and Sale Agreement, dated September 23, 2021, by and between MannKind Corporation and 1 Casper, LLC .
Certification of the Chief Executive Officer pursuant to Rules 13a-14(a) and 15d-14(a) of the Securities Exchange Act of 1934, as amended.
1 unchanged sentence
Certification of the Chief Executive Officer pursuant to Rules 13a-14(b) and 15d-14(b) of the Securities Exchange Act of 1934, as amended and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C.
+Added: Description of Document
Certification of the Chief Financial Officer pursuant to Rules 13a-14(b) and 15d-14(b) of the Securities Exchange Act of 1934, as amended and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C.
4 unchanged sentences
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
−Removed: August 11, 2021
+Added: November 9, 2021
MANNKIND CORPORATION
6 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.