OTHER INFORMATION
−Removed: 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
−Removed: Sale-Leaseback Transaction.
−Removed: 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).
−Removed: 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.
−Removed: 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.
−Removed: We are responsible for payment of operating expenses, property taxes and insurance for the Property.
−Removed: The Purchaser will hold a security deposit of $2.0 million during the Lease term.
−Removed: 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.
−Removed: 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.
−Removed: 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.
+Added: In April 2022, the Company extended its office lease with Russell Ranch Road II LLC for an additional 66 months, commencing February 2023.
+Added: Pursuant to the extension, the Company will pay monthly payments of $79,543, subject to 3% annual increases, plus the estimated cost of maintaining the property and common areas by the landlord.
+Added: The Company will receive a credit for up to 14 months of rent from February 2023 through March 2024 as well as an allowance for tenant alterations.
Description of Document
17 unchanged sentences
000-50865), filed with the SEC on August 7, 2019).
−Removed: Indenture, dated as of August 6, 2019, by and between MannKind Corporation and U.S.
−Removed: Bank National Association (incorporated by reference to Exhibit 4.3 to MannKind’s Current Report on Form 8-K (File No.
−Removed: 000-50865), filed with the SEC on August 7, 2019).
Convertible Promissory Note made by MannKind Corporation in favor of The Mann Group LLC, dated August 6, 2019 (incorporated by reference to Exhibit 4.6 to MannKind’s Current Report on Form 8-K (File No.
000-50865), filed with the SEC on August 7, 2019).
+Added: Amendment No.
+Added: 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.
+Added: 000-50865), filed with the SEC on April 26, 2021).
Promissory Note made by MannKind Corporation in favor of The Mann Group LLC, dated August 6, 2019 (incorporated by reference to Exhibit 4.7 to MannKind’s Current Report on Form 8-K (File No.
000-50865), filed with the SEC on August 7, 2019).
−Removed: Promissory Note, dated April 9, 2020, by and between MannKind Corporation and JPMorgan Chase Bank, N.A.
−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 April 15, 2020) .
Indenture, dated as of March 4, 2021, by and between MannKind Corporation and U.S.
3 unchanged sentences
000-50865), filed with the SEC on March 5, 2021) .
−Removed: Commercial Supply Agreement, dated August 12, 2021, by and between MannKind Corporation and United Therapeutics Corporation.
−Removed: First Amendment to Commercial Supply Agreement, dated October 16, 2021, by and between MannKind Corporation and United Therapeutics Corporation.
−Removed: Purchase and Sale Agreement, dated September 23, 2021, by and between MannKind Corporation and 1 Casper, LLC .
+Added: A mendment No.
+Added: 1 to Office Lease, dated April 8, 2022, between MannKind Corporation and Russell Ranch Road II 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.
Certification of the Chief Financial Officer pursuant to Rules 13a-14(a) and 15d-14(a) of the Securities Exchange Act of 1934, as amended.
−Removed: 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.
Description of Document
+Added: 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.
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.
1 unchanged sentence
The cover page has been formatted in Inline XBRL.
−Removed: ________________
−Removed: * Certain portions of this exhibit have been omitted pursuant to Item 601(b)(10)(iv) of Regulation S-K.
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: 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.