·] Shares Supernus Pharmaceuticals, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • November 26th, 2012 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • New York
· Sell or Offer to Sell any Shares or Related Securities currently or hereafter owned either of record or beneficially (as defined in Rule 13d-3 under the Exchange Act) by the undersigned or such Family Member,
7.50% CONVERTIBLE SENIOR SECURED NOTES DUE 2019 INDENTURE between SUPERNUS PHARMACEUTICALS, INC., as Issuer and U.S. BANK NATIONAL ASSOCIATION, as Trustee and Collateral Agent Dated as of May 3, 2013Indenture • May 9th, 2013 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • New York
INDENTURE dated as of May 3, 2013 between SUPERNUS PHARMACEUTICALS, INC., a Delaware corporation, as issuer (“Company”), and U.S. BANK NATIONAL ASSOCIATION, as trustee (“Trustee”) and collateral agent (“Collateral Agent”).
Supernus Pharmaceuticals, Inc. [ ] Shares Common Stock ($0.001 par value) Underwriting AgreementSupernus Pharmaceuticals Inc • April 11th, 2012 • Pharmaceutical preparations • New York
Supernus Pharmaceuticals, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, [ ] shares of common stock, $0.001 par value (“Common Stock”) of the Company (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company also proposes to grant to the Underwriters an option to purchase up to [ ] additional shares of Common Stock to cover over-allotments, if any (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives as used herein shall mean you, as Underwriters, and the terms Representatives and Underwriters shall mean either the singular or plural as
INDENTURE dated as of April 15, 2008 by and between TCD ROYALTY SUB LLC, a Delaware limited liability company, as issuer of the Notes described herein, and U.S. BANK NATIONAL ASSOCIATION, as initial trustee of the Notes described hereinIndenture • February 8th, 2011 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • New York
This INDENTURE, dated as of April 15, 2008, is by and between TCD ROYALTY SUB LLC, a Delaware limited liability company, as issuer of the Notes described herein, and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as initial trustee of the Notes described herein.
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • February 14th, 2012 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made as of [ ], 2012, by and between Supernus Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and [ ] (“Indemnitee”).
CERTAIN CONFIDENTIAL INFORMATION IDENTIFIED IN THIS DOCUMENT, MARKED BY [**], HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. GUANFACINE LICENSE AGREEMENTGuanfacine License Agreement • March 8th, 2021 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
THIS GUANFACINE LICENSE AGREEMENT (“Agreement”), effective on the 22nd day of December, 2005, (“Effective Date”) is entered into by and between Supernus Pharmaceuticals, Inc. (“Supernus”), a corporation incorporated under the laws of Delaware with its principal place of business at 1550 East Gude Drive, Rockville, Maryland; Shire LLC, (Shire”) a limited liability company organized under the laws of Kentucky with its principal place of business in Florence, Kentucky; and Shire plc, a company incorporated in England and Wales (“Guarantor”).
AGREEMENT AND PLAN OF MERGER by and among: ADAMAS PHARMACEUTICALS, INC., SUPERNUS PHARMACEUTICALS, INC., and SUPERNUS REEF, INC. Dated as of October 10, 2021Agreement and Plan of Merger • October 12th, 2021 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of October 10, 2021 (the “Agreement Date”), by and among Supernus Pharmaceuticals, Inc., a Delaware corporation (“Parent”), Supernus Reef, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Purchaser”), and Adamas Pharmaceuticals, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement shall have the meanings ascribed to such terms in Article 1.
ContractSupernus Pharmaceuticals Inc • February 14th, 2012 • Pharmaceutical preparations • Delaware
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
EXECUTIVE RETENTION AGREEMENTExecutive Retention Agreement • October 5th, 2020 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • Maryland
THIS EXECUTIVE RETENTION AGREEMENT (this “Agreement”) is made and entered into this 12th day of October 2020 (the “Effective Date”) by and between Supernus Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and James P. Kelly (the “Executive”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • March 8th, 2021 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
THIS PURCHASE AND SALE AGREEMENT is made as of June 9, 2006 (the “Effective Date”) by and between Supernus Pharmaceuticals Inc, a Delaware corporation with principal offices located at 1550 East Gude Drive, Rockville, Maryland 20850 (“Supernus”) and Rune Healthcare Limited, an English corporation, with principal offices located at 9a Magdala Road, Nottingham NG3 5DE, United Kingdom (“RH”).
SUPERNUS PHARMACEUTICALS, INC. SUPERNUS PHARMACEUTICALS, INC. STRONGLY ENCOURAGES YOU TO SEEK THE ADVICE OF YOUR OWN LEGAL AND FINANCIAL ADVISORS WITH RESPECT TO YOUR AWARD AND ITS TAX CONSEQUENCES. FORM OF NON-STATUTORY TIME- BASED STOCK OPTION AGREEMENTTime-Based Stock Option Agreement • February 27th, 2024 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This agreement (the “Agreement”) evidences a stock option granted by Supernus Pharmaceuticals, Inc. (the “Company”) to the undersigned (the “Optionee”), pursuant to and subject to the terms of the Supernus Pharmaceuticals, Inc. 2021 Equity Incentive Plan (the “Plan”), which is incorporated herein by reference.
June 6, 2006 EXCLUSIVE LICENSE AGREEMENT Between SUPERNUS PHARMACEUTICALS INC. and UNITED THERAPEUTICS CORPORATIONExclusive License Agreement • March 16th, 2012 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • Maryland
[**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.
EXCLUSIVE OPTION AND LICENSE AGREEMENTExclusive Option and License Agreement • March 16th, 2012 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
THIS EXCLUSIVE OPTION AND LICENSE AGREEMENT is made as of April 27, 2006 (the “Effective Date”) by and between Supernus Pharmaceuticals Inc, a Delaware corporation with principal offices located at 1550 East Gude Drive, Rockville, Maryland 20850 (“Supernus”) and Afecta Pharmaceuticals, Inc. a California corporation with principal offices located at 2102 Business Center Drive, Irvine, California 92612 (“Afecta”).
SUPERNUS PHARMACEUTICALS, INC. PERFORMANCE SHARE UNIT AWARD AGREEMENTPerformance Share Unit Award Agreement • August 6th, 2021 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This Performance Share Unit Award Agreement (the “Agreement”) is made and entered into as of , (the “Grant Date”). This Agreement evidences a performance share unit award granted by Supernus Pharmaceuticals, Inc. (the “Company”) to the undersigned (“Participant”) pursuant to and subject to the terms of the Supernus Pharmaceuticals, Inc. 2021 Equity Incentive Plan (the “Plan”), which is incorporated herein by reference. Capitalized terms not explicitly defined in this Agreement shall have the meaning set forth in the Plan.
SUPERNUS PHARMACEUTICALS, INC. SUPERNUS PHARMACEUTICALS, INC. STRONGLY ENCOURAGES YOU TO SEEK THE ADVICE OF YOUR OWN LEGAL AND FINANCIAL ADVISORS WITH RESPECT TO YOUR AWARD AND ITS TAX CONSEQUENCES. FORM OF TIME-BASED INCENTIVE STOCK OPTION AGREEMENTBased Incentive Stock Option Agreement • February 27th, 2024 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This agreement (the “Agreement”) evidences a stock option granted by Supernus Pharmaceuticals. Inc. (the “Company”) to the undersigned (the “Optionee”), an employee of the Company or one of its subsidiaries, pursuant to and subject to the terms of the Supernus Pharmaceuticals. Inc. 2021 Equity Incentive Plan (the “Plan”), which is incorporated herein by reference.
SUPERNUS PHARMACEUTICALS, INC. 2021 EQUITY INCENTIVE PLAN RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • August 6th, 2021 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This Restricted Stock Unit Award Agreement (the “Agreement”) is made and entered into as of , (the “Grant Date”). This Agreement evidences a restricted stock unit award granted by Supernus Pharmaceuticals, Inc. (the “Company”) to the undersigned (“Participant”) pursuant to and subject to the terms of the Supernus Pharmaceuticals, Inc. 2021 Equity Incentive Plan (the “Plan”), which is incorporated herein by reference. Capitalized terms not explicitly defined in this Agreement shall have the meaning set forth in the Plan.
Bank of America, N.A. c/o Merrill Lynch, Pierce, Fenner & Smith Incorporated One Bryant Park New York, NY 10036Supernus Pharmaceuticals Inc • March 20th, 2018 • Pharmaceutical preparations • New York
The purpose of this communication (this “Confirmation”) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the “Transaction”) between Bank of America, N.A. (“Dealer”) and Supernus Pharmaceuticals, Inc. (“Counterparty”). This communication constitutes a “Confirmation” as referred to in the ISDA 2002 Master Agreement specified below.
ASSET PURCHASE AND CONTRIBUTION AGREEMENT dated as of December 22, 2005 among SUPERNUS PHARMACEUTICALS, INC., SHIRE LABORATORIES INC. and SHIRE PLCAsset Purchase and Contribution Agreement • March 16th, 2012 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
AGREEMENT dated as of December 22, 2005 among Supernus Pharmaceuticals, Inc., a Delaware corporation (“Supernus”), Shire Laboratories Inc., a Delaware corporation (“SLI”) and Shire plc, a company incorporated under the laws of England and Wales (“Guarantor”).
CERTAIN CONFIDENTIAL INFORMATION IDENTIFIED IN THIS DOCUMENT, MARKED BY [**], HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. CONSULTING AGREEMENTConsulting Agreement • November 19th, 2020 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • Maryland
THIS CONSULTING AGREEMENT (“Agreement”) is made as of November 18, 2020 (“Effective Date”) by and between Supernus Pharmaceuticals, Inc., having its principal place of business at 9715 Key West Avenue, Rockville, Maryland 20850 (“Supernus” or the “Company”), and Greg Patrick (“Consultant”), having an address at [**].
EXCLUSIVE LICENSE AGREEMENTExclusive License Agreement • March 16th, 2012 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
THIS EXCLUSIVE LICENSE AGREEMENT is made as of November 2, 2007 (the “Effective Date”) by and between Supernus Pharmaceuticals Inc, a Delaware corporation with principal offices located at 1550 East Gude Drive, Rockville, Maryland 20850 (“Supernus”) and Afecta Pharmaceuticals, Inc. a California corporation with principal offices located at 2102 Business Center Drive, Irvine, California 92612 (“Afecta”).
ROYALTY INTEREST ACQUISITION AGREEMENT Dated as of July 1, 2014 between Supernus Pharmaceuticals, Inc. and HealthCare Royalty Partners III, L.P.Royalty Interest Acquisition Agreement • July 8th, 2014 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • New York
This ROYALTY INTEREST ACQUISITION AGREEMENT is made and entered into as of July 1, 2014 by and between Supernus Pharmaceuticals, Inc., a Delaware corporation, and HealthCare Royalty Partners III, L.P., a limited partnership organized under the laws of the State of Delaware (the “Agreement”).
STANDARD FORM MULTI-TENANT NET LEASE (Non-California)Lease • December 23rd, 2010 • Supernus Pharmaceuticals Inc
THIS LEASE (this “Lease”) is made as of April 19, 1999 (“Effective Date”), by and between ARE ACQUISITIONS, LLC, a Delaware limited liability company (“Landlord”) and SHIRE LABORATORIES INC., a Delaware corporation (“Tenant”).
SETTLEMENT AGREEMENT BY AND BETWEEN SUPERNUS PHARMACEUTICALS, INC. AND ZYDUS PHARMACEUTICAL (USA) INC. CADILA HEALTHCARE LIMITED DATED AS OF MARCH 6, 2017License Agreement • May 9th, 2017 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • New York
THIS SETTLEMENT AGREEMENT, (this “Settlement Agreement”) is entered into as of March 6, 2017 (the “Effective Date”) by and between, Supernus Pharmaceuticals, Inc., a corporation organized and existing under the laws of Delaware, having offices located at 1550 East Gude Drive, Rockville, Maryland 20850 (“Supernus”), on the one hand, and Zydus Pharmaceutical (USA) Inc., a corporation organized and existing under the laws of New Jersey having offices located at 73 Route 31 N., Pennington, New Jersey 08534 (“Zydus USA”) and Cadila Healthcare Limited, a corporation organized and existing under the laws of India, having offices located at Zydus Tower, Satellite Cross Roads, Ahmedabad-380015 Gujarat, India (“Cadila” and together with Zydus USA, “Zydus”), on the other hand. Supernus and Zydus are collectively referred to herein as the “Parties,” or each individually as a “Party.”
AMENDMENT NO. 2 TO INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • April 11th, 2012 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This AMENDMENT NO. 2 TO INVESTOR RIGHTS AGREEMENT (this “Amendment”) is made as of April 6, 2012, by and among Supernus Pharmaceuticals, Inc., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), and the holders of at least a majority (the “Investors”) of shares of Series A Convertible Preferred Stock, par value $0.001 per share. Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Investor Rights Agreement (as defined below).
CONSULTING AGREEMENTConsulting Agreement • March 16th, 2012 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • Maryland
THIS IS A CONSULTING AGREEMENT (“Agreement”) effective as of March 14, 2012 by and between Supernus Pharmaceuticals, Inc., having its principal place of business in Rockville, Maryland (“Supernus”), and Paolo Baroldi having an address at 10616 Morning Field Drive, Potomac, Maryland (“Consultant”).
c/o Merrill Lynch, Pierce, Fenner & Smith Incorporated One Bryant Park New York, NY 10036 Attn: Robert Stewart, Assistant General Counsel Telephone: 646-855-0711 Facsimile: 646-822-5618 March 14, 2018 To: Supernus Pharmaceuticals, Inc. Rockville,...Purchase Agreement • March 20th, 2018 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • New York
The purpose of this communication (this “Confirmation”) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the “Transaction”) between Bank of America, N.A. (“Dealer”) and Supernus Pharmaceuticals, Inc. (“Issuer”). This communication constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.
CERTAIN CONFIDENTIAL INFORMATION IDENTIFIED IN THIS DOCUMENT, MARKED BY [**], HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL AND (ii) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED API SUPPLY AGREEMENTApi Supply Agreement • August 6th, 2021 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This API Supply Agreement (“Agreement”) is made as of July 13, 2021 (the “Effective Date”), by and between Supernus Pharmaceuticals, Inc., a Delaware Corporation, with a place of business at 9715 Key West Avenue, Rockville Maryland, USA (“Supernus”) and Bachem Americas, Inc., a California Corporation, with a place of business at 3132 Kashiwa Street, Torrance, CA 90505, USA, and its Affiliates (“Bachem”). Supernus and Bachem may be referred to individually as a “Party” or collectively as the “Parties.”
SECURITY AGREEMENTSecurity Agreement • July 8th, 2014 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • New York
THIS SECURITY AGREEMENT (this “Agreement”) is made and entered into as of July 1, 2014 by and between Supernus Pharmaceuticals, Inc., a Delaware corporation (“Supernus”), and Healthcare Royalty Partners III, L.P., a Delaware limited partnership (“HC Royalty”).
CERTAIN CONFIDENTIAL INFORMATION IDENTIFIED IN THIS DOCUMENT, MARKED BY [**], HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. FIRST AMENDMENT TO AMENDED AND RESTATED...Supply Agreement • August 17th, 2020 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This FIRST AMENDMENT TO AMENDED AND RESTATED DISTRIBUTION, DEVELOPMENT, COMMERCIALIZATION & SUPPLY AGREEMENT (this “Amendment”), is entered into and effective as of February 19, 2020 (the “Amendment Effective Date”), by and between US WorldMeds, LLC, a Delaware limited liability company with its principle place of business at 4441 Springdale Road, Louisville, KY 40241 (“USWM”), and Britannia Pharmaceuticals Limited, whose registered office is at Park View House, 65, London Road, Newbury, Berkshire RG14 1JN (“BPL” or “Britannia”). Each of USWM and BPL may be referred to individually herein as a “Party” and, collectively, as the “Parties.”
SECURITY AND PLEDGE AGREEMENT Dated as of May 3, 2013 among Each Grantor From Time to time Party Hereto and U.S. BANK NATIONAL ASSOCIATION as Collateral Agent for the Secured Parties 7.50% Convertible Senior Secured Notes due 2019Security and Pledge Agreement • May 9th, 2013 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • New York
This SECURITY AND PLEDGE AGREEMENT (this “Agreement”), is entered into as of May 3, 2013, by and among the Grantors listed on the signature pages hereof and those additional Persons that hereafter become parties hereto by executing a Joinder (as defined below) (each, a “Grantor”, and collectively, the “Grantors”), and U.S. BANK NATIONAL ASSOCIATION as collateral agent for the Secured Parties (as defined below) (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”).
UNIT PURCHASE AGREEMENT dated as of December 14, 2011 by and between SUPERNUS PHARMACEUTICALS, INC., and ROYALTY OPPORTUNITIES S.àr.IUnit Purchase Agreement • February 14th, 2012 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Unit Purchase Agreement, dated as of December 14, 2011, is by and between SUPERNUS PHARMACEUTICALS, INC., a Delaware corporation (“Seller”) and ROYALTY OPPORTUNITIES S.àr.I, a Luxembourg société à responsabilité limitée (“Purchaser”).
SETTLEMENT AGREEMENT BY AND BETWEEN SUPERNUS PHARMACEUTICALS, INC. AND APOTEX INC. APOTEX CORP. DATED AS OF JUNE 21, 2023License Agreement • February 27th, 2024 • Supernus Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS SETTLEMENT AGREEMENT, (this “Settlement Agreement”) is entered into as of June 21, 2023 (the “Effective Date”) by and between, Supernus Pharmaceuticals, Inc., a corporation organized and existing under the laws of Delaware, having offices located at 9715 Key West Avenue, Rockville, Maryland 20850, on behalf of itself and its Affiliates (“Supernus”), on the one hand, and Apotex Inc., a corporation organized and existing under the laws of Canada having offices located at 150 Signet Drive, Toronto, ON M9L 1T9, Canada, on behalf of itself and its Affiliates (“Apotex Inc.”) and Apotex Corp., a corporation organized under the laws of Delaware having offices located at 2400 North Commerce Parkway, Suite 400, Weston, Florida 33326, on behalf of itself and its Affiliates (“Apotex Corp.” and together with Apotex Inc., “Apotex”), on the other hand. Supernus and Apotex are collectively referred to herein as the “Parties,” or each individually as a “Party.”
SECOND AMENDMENT TO THE AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 4th, 2016 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations
THIS SECOND AMENDMENT TO THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Second Amendment”) is made as of March 2, 2016 (the “Effective Date”) by and between Supernus Pharmaceuticals, Inc. a Delaware corporation (the “Employer”), and Jack Khattar (the “Executive”). In consideration of the mutual covenants contained in this Second Amendment, the Employer and the Executive agree as follows:
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 8th, 2011 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of January 26, 2011 (the “Effective Date”) among OXFORD FINANCE CORPORATION, a Delaware corporation with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, the “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and SUPERNUS PHARMACEUTICALS, INC., a Delaware corporation with offices located at 1550 East Gude Drive, Rockville, Maryland 20850 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
COMMERCIAL SUPPLY AGREEMENTCommercial Supply Agreement • August 21st, 2013 • Supernus Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Commercial Supply Agreement (“Agreement”), effective as of December 15, 2012 (the “Effective Date”), is made by and between Catalent Pharma Solutions, LLC, having its principal offices at 14 Schoolhouse Road, Somerset, New Jersey 08873, USA (hereinafter “Supplier”) and Supernus Pharmaceuticals, Inc., having its principal offices at 1550 East Gude Drive, Rockville, MD 20850 (hereinafter “Supernus”) (each of Supplier and Supernus being a “Party” and collectively the “Parties”).
