Entry into a Material Definitive Agreement

On June 29, 2022, Athenex, Inc. (the "Company") reported that entered into the Fifth Amendment to Credit and Guaranty Agreement (the "Amendment") with Oaktree Fund Administration, LLC (as administrative agent for the Lenders, "Oaktree") and the other lenders party thereto (collectively, the "Lenders") (Filing, 8-K, Athenex, JUN 29, 2022, View Source [SID1234616448]). Under the Amendment, the Company agreed to make an additional prepayment in cash to the Lenders on or before July 1, 2022. This approximately $10.5 million prepayment consisted of (i) $10.0 million in principal amount; (ii) accrued and unpaid interest; and (iii) fees equal to 5.0% of the $10.0 million principal amount, allocated as a 2.0% Exit Fee and 3.0% Prepayment Fee (each as defined in the credit agreement).

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