Attached files
Exhibit 10.35
Joseph W. La Barge Executive Director & Corporate Counsel
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Tengion, Inc. | ||||||
2900 Potshop Lane, Suite 100 | ||||||
East Norriton, PA 19403
tel: (610) 292-8364 ext. 4863 fax: (610) 275-3754 |
February 23, 2010
Oxford Finance Corporation
133 N. Fairfax Street
Alexandria, VA 22314
Attention: John G. Henderson
Re: Master Security Agreement No. 5081099
Dear Mr. Henderson:
Reference is made to that certain Master Security Agreement No. 5081099, dated as of July 20, 2005, as amended (the MSA), by and between Oxford Finance Corporation (Oxford) and Tengion, Inc. (the Company).
This letter serves to confirm that Section 7(a)(xvi) of the MSA will not apply to any issuance of stock in connection with the Companys initial public offering of common stock (the IPO) and will not be applicable subsequent to the consummation of the IPO for so long as the Company is subject to the reporting requirements of the Securities Exchange Act of 1934 (the Exchange Act) or has a class of equity securities registered under Section 12 of the Exchange Act. This letter will also confirm that the words Securities Act of 1933 in the last line of Section 7(a)(xvii) of the MSA should actually be Securities Exchange Act of 1934.
Please confirm your agreement to and acceptance of the attached by signing a copy of this letter and returning it to me.
Sincerely,
TENGION, INC. | OXFORD FINANCE CORPORATION | |||||||
By: | /s/ Joseph W. La Barge |
By: | /s/ John G. Henderson | |||||
Joseph W. La Barge, Esq. | John G. Henderson | |||||||
Executive Director and Corporate Counsel | Vice President & General Counsel | |||||||
cc: | Steven Nichtberger, MD |