Shares SAGENT HOLDING CO. COMMON STOCK (PAR VALUE $0.01 PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • April 6th, 2011 • Sagent Holding Co. • Pharmaceutical preparations • New York
RESTRICTED STOCK UNIT AGREEMENT PURSUANT TO THE SAGENT PHARMACEUTICALS, INC. 2011 INCENTIVE COMPENSATION PLANRestricted Stock Unit Agreement • April 6th, 2011 • Sagent Holding Co. • Pharmaceutical preparations • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Sagent Pharmaceuticals, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the Sagent Pharmaceuticals, Inc. 2011 Incentive Compensation Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
RESTRICTED STOCK AGREEMENT PURSUANT TO THE SAGENT PHARMACEUTICALS, INC. 2011 INCENTIVE COMPENSATION PLANRestricted Stock Agreement • April 6th, 2011 • Sagent Holding Co. • Pharmaceutical preparations • Delaware
THIS RESTRICTED STOCK AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Sagent Pharmaceuticals, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the Sagent Pharmaceuticals, Inc. 2011 Incentive Compensation Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
INCENTIVE STOCK OPTION AGREEMENT PURSUANT TO THE SAGENT PHARMACEUTICALS, INC. 2011 INCENTIVE COMPENSATION PLANIncentive Stock Option Agreement • April 6th, 2011 • Sagent Holding Co. • Pharmaceutical preparations • Delaware
THIS INCENTIVE STOCK OPTION AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Sagent Pharmaceuticals, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the Sagent Pharmaceuticals, Inc. 2011 Incentive Compensation Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
STOCK APPRECIATION RIGHTS AGREEMENT PURSUANT TO THE SAGENT PHARMACEUTICALS, INC. 2011 INCENTIVE COMPENSATION PLANStock Appreciation Rights Agreement • April 6th, 2011 • Sagent Holding Co. • Pharmaceutical preparations • Delaware
THIS STOCK APPRECIATION RIGHTS AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Sagent Pharmaceuticals, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the Sagent Pharmaceuticals, Inc. 2011 Incentive Compensation Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
EMPLOYMENT AGREEMENTEmployment Agreement • November 3rd, 2015 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations • Illinois
This EMPLOYMENT AGREEMENT (“Agreement”) is entered into as of the Effective Date (as defined below), by and between Sagent Pharmaceuticals, Inc., a Delaware corporation (the “Employer” or the “Company”), and Allan Oberman, an individual (the “Executive”).
CREDIT AGREEMENT dated as of October 31, 2014 among SAGENT PHARMACEUTICALS The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent J.P. MORGAN SECURITIES LLC, as Sole Bookrunner and Sole Lead Arranger CHASE BUSINESS CREDITCredit Agreement • November 5th, 2014 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations • Illinois
CREDIT AGREEMENT dated as of October 31, 2014 (as it may be amended or modified from time to time, this “Agreement”) among SAGENT PHARMACEUTICALS, a Wyoming corporation, and the other borrowers from time to time party hereto, as Borrowers, SAGENT PHARMACEUTICALS, INC., a Delaware corporation, as a Guarantor, the other Loan Parties party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
NON-QUALIFIED STOCK OPTION AGREEMENT PURSUANT TO THE SAGENT PHARMACEUTICALS, INC. 2011 INCENTIVE COMPENSATION PLANNon-Qualified Stock Option Agreement • April 6th, 2011 • Sagent Holding Co. • Pharmaceutical preparations • Delaware
THIS NON-QUALIFIED STOCK OPTION AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Sagent Pharmaceuticals, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the Sagent Pharmaceuticals, Inc. 2011 Incentive Compensation Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
EMPLOYMENT AGREEMENTEmployment Agreement • August 5th, 2016 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations • Illinois
This EMPLOYMENT AGREEMENT (“Agreement”) is entered into as of the 27th day of June, 2016 (the “Effective Date”), by and between Sagent Pharmaceuticals, Inc., a Delaware corporation (the “Employer” or the “Company”), and Donald Bullock, an individual (the “Executive”).
AGREEMENT AND PLAN OF MERGER Dated as of July 10, 2016 by and among NICHI-IKO PHARMACEUTICAL CO., LTD., SHEPARD VISION, INC. and SAGENT PHARMACEUTICALS, INC.Agreement and Plan of Merger • July 11th, 2016 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of July 10, 2016 (this “Agreement”), is entered into by and among NICHI-IKO PHARMACEUTICAL CO., LTD., a Japanese corporation (“Parent”), SHEPARD VISION, INC., a Delaware corporation and a direct wholly owned Subsidiary of Parent (“Merger Sub”), and SAGENT PHARMACEUTICALS, INC., a Delaware corporation (the “Company”). Defined terms used herein have the respective meanings set forth in Section 8.13.
WARRANT TO PURCHASE 2,040,816 PREFERENCE SHARES of SAGENT HOLDING CO. Dated as of April 6, 2010 Void after the date specified in Section 8Sagent Holding Co. • December 6th, 2010 • California
THIS CERTIFIES THAT, for value received, Key Gate Investments Limited, a British Virgin Islands company, or its registered assigns (the “Holder”), is entitled, subject to the provisions and upon the terms and conditions set forth herein, to purchase from Sagent Holding Co., a Cayman Islands exempted company (the “Company”), Shares (as defined below), in the amounts, at such times and at the price per share set forth in Section 1. The term “Warrant” as used herein shall include this Warrant and any warrants delivered in substitution or exchange therefor as provided herein. This Warrant is issued in connection with the transactions described in the Series B-1 Preference Shares and Warrant Purchase Agreement, dated as of April 6, 2010, by and between the Company and the purchaser described therein (the “Purchase Agreement”). The holder of this Warrant is subject to certain restrictions set forth in the Purchase Agreement and the Third Amended and Restated Members Agreement, dated as of Ap
AMENDED AND RESTATED CREDIT AGREEMENT dated as of January 7, 2016 among SAGENT PHARMACEUTICALS, as U.S. Borrower OMEGA LABORATORIES LIMITED, as Canadian Borrower The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as the Administrative Agent J.P....Credit Agreement • January 11th, 2016 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations • Illinois
AMENDED AND RESTATED CREDIT AGREEMENT dated as of January 7, 2016 (as it may be amended or modified from time to time, this “Agreement”) among SAGENT PHARMACEUTICALS, a Wyoming corporation, OMEGA LABORATORIES LIMITED, a corporation amalgamated under the laws of Canada, and the other borrowers from time to time party hereto, as Borrowers, SAGENT PHARMACEUTICALS, INC., a Delaware corporation, as a Guarantor, the other Loan Parties party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as the Administrative Agent.
Agricultural Bank of China Co., Ltd. Fixed Assets Loan Contract Contract No.: 51010420100000033Sagent Pharmaceuticals, Inc. • August 6th, 2013 • Pharmaceutical preparations
Dear Customer: In order to protect your rights and interests, please read the terms hereof carefully (particularly the terms in boldface) and pay attention to the rights and obligations hereunder. If you have any question on the Contract, please feel free to consult the Lender.
DEVELOPMENT AND SUPPLY AGREEMENT by and between GLAND PHARMA LIMITED, an Indian corporation and SAGENT HOLDING CO., a Cayman Islands corporation for Heparin Sodium Injection USP Dated: June 27, 2008Development and Supply Agreement • February 2nd, 2011 • Sagent Holding Co. • Pharmaceutical preparations • New York
THIS DEVELOPMENT AND SUPPLY AGREEMENT (“Agreement”) is made as of the 27th day of June, 2008 (the “Effective Date”) by and between GLAND PHARMA LIMITED, an Indian corporation, having a place of business at 6-3-865/1/2, Ameerpet, Hyderabad, India (“Gland”), and SAGENT HOLDING CO., a Cayman Islands corporation, having a place of business at c/o M&C Corporate Services Limited, PO Box 309 GT, Ugland House, South Church Street, George Town, Grand Cayman, Cayman Islands (“Sagent”).
MANUFACTURE AND SUPPLY AGREEMENTManufacture and Supply Agreement • February 2nd, 2011 • Sagent Holding Co. • Pharmaceutical preparations • New Jersey
This Manufacture and Supply Agreement (this “Agreement”) is made and entered into as of December 17, 2007 (the “Effective Date”) by and among A.C.S. Dobfar S.p.a., an Italian corporation, having its principal place of business at Viale Addetta, 4/12 Tribiano 20067 Milan Italy (“DOBFAR” or “SUPPLIER”), WorldGen LLC, a New Jersey Limited Liability Company, having its principal place of business at 120 Route 17 North P.O. Box 1579 Paramus, NJ 07653 USA (“WORLDGEN”), and SAGENT PHARMACEUTICALS, INC., a Wyoming corporation, having its principal place of business at 1901 N. Roselle Road, Schaumburg, IL 60195 (“SAGENT”).
FIRST LOAN MODIFICATION AGREEMENTFirst Loan Modification Agreement • May 10th, 2012 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations
This First Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of May 10, 2012, by and among (a) SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 230 West Monroe, Suite 720, Chicago, Illinois 60606 (“Bank”) and (b) (i) SAGENT PHARMACEUTICALS, INC., a Delaware corporation (“Sagent Delaware”) and (ii) SAGENT PHARMACEUTICALS, a Wyoming corporation (“Sagent Wyoming”; and together with Sagent Delaware, jointly and severally, individually and collectively, “Borrower”), each with a chief executive office located at 1901 North Roselle Road, Suite 700, Schaumburg, Illinois, 60195.
JOINDER AND AMENDMENT NO. 6 REGARDING CREDIT AGREEMENT dated as of September 26, 2011 among SAGENT PHARMACEUTICALS and SAGENT PHARMACEUTICALS, INC. each as Borrower and collectively as Borrowers and MIDCAP FUNDING IV, LLC, as Agent and as a Lender and...Credit Agreement • September 30th, 2011 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations
This JOINDER AND AMENDMENT NO. 6 REGARDING CREDIT AGREEMENT (this “Agreement”) dated as of September 26, 2011 is by and among SAGENT PHARMACEUTICALS, a Wyoming corporation (“Existing Borrower”), SAGENT PHARMACEUTICALS, INC., a Delaware corporation (“New Borrower”; and together with Existing Borrower, sometimes referred to individually, each a “Borrower” and collectively as the “Borrowers”), MIDCAP FUNDING IV, LLC, a Delaware limited liability company (“MCF”) as Agent (in such capacity, “Agent”) and as a Lender, and SILICON VALLEY BANK, a California corporation (“SVB”), as a Lender (collectively, with MCF, in its capacity as a Lender, “Lenders”).
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 8th, 2015 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations
THIS AMENDMENT TO THE EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into effective as of April 15, 2015 (the “Amendment Effective Date”), by and between Sagent Pharmaceuticals, Inc., a Wyoming corporation (“Company”) and Michael Logerfo (the “Executive” and together with the Company, the “Parties”).
SAGENT PHARMACEUTICALS, INC. SETTLEMENT AGREEMENT AND MUTUAL RELEASESettlement Agreement and Mutual Release • May 13th, 2015 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations • Illinois
THIS SETTLEMENT AGREEMENT (“Agreement”) and Mutual Release is made as of the 8th day of May 2015 (the “Effective Date”), by and among Sagent Pharmaceuticals, Inc. and its parents, subsidiaries and affiliates and each of their successors, assigns, officers, directors, employees, agents, attorneys, and representatives in their capacity as such (collectively, “Sagent” or “the Company”) and James Hussey, his heirs, representatives, successors and assigns (“Hussey” or “the Executive”) (Hussey and Sagent are collectively referred to herein as the “Parties”).
SAGENT HOLDING CO. FOURTH AMENDED AND RESTATED VOTING AGREEMENTVoting Agreement • December 6th, 2010 • Sagent Holding Co. • California
This Fourth Amended and Restated Voting Agreement (this “Agreement”) is made and entered into as of September 3, 2010, by and among Sagent Holding Co., a Cayman Islands exempted company (the “Company”), each of the members listed on Exhibit A attached hereto (collectively, the “Existing Investors”), each of the members listed on Exhibit B attached hereto (collectively, the “Key Ordinary Shareholders”), and each of the members listed on Exhibit C attached hereto (the “New Investors”, and together with the Existing Investors, the “Investors”). The Investors and Key Ordinary Shareholders are sometimes collectively referred to herein as the “Members.”
JOINDER AND AMENDMENT NO. 1 REGARDING CREDIT AGREEMENT dated as of September 26, 2011 among SAGENT PHARMACEUTICALS and SAGENT PHARMACEUTICALS, INC. each as Borrower and collectively as Borrowers and MIDCAP FUNDING III, LLC, as Agent and as a Lender...Regarding Credit Agreement • September 30th, 2011 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations
This JOINDER AND AMENDMENT NO. 1 REGARDING CREDIT AGREEMENT (this “Agreement”) dated as of September 26, 2011 is by and among SAGENT PHARMACEUTICALS, a Wyoming corporation (“Existing Borrower”), SAGENT PHARMACEUTICALS, INC., a Delaware corporation (“New Borrower”; and together with Existing Borrower, sometimes referred to individually, each a “Borrower” and collectively as the “Borrowers”), MIDCAP FUNDING III, LLC, a Delaware limited liability company (“MCF”) as Agent (in such capacity, “Agent”) and as a Lender, and SILICON VALLEY BANK, a California corporation (“SVB”), as a Lender (collectively, with MCF, in its capacity as a Lender, “Lenders”).
SECOND LOAN MODIFICATION AGREEMENTSecond Loan Modification Agreement • September 24th, 2013 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations
This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of September 23, 2013, by and among (a) SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 230 West Monroe, Suite 720, Chicago, Illinois 60606 (“Bank”) and (b) (i) SAGENT PHARMACEUTICALS, INC., a Delaware corporation (“Sagent Delaware”) and (ii) SAGENT PHARMACEUTICALS, a Wyoming corporation (“Sagent Wyoming”; and together with Sagent Delaware, jointly and severally, individually and collectively, “Borrower”), each with a chief executive office located at 1901 North Roselle Road, Suite 700, Schaumburg, Illinois, 60195.
SHARE PLEDGE AGREEMENTShare Pledge Agreement • May 6th, 2013 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations
This Share Pledge Agreement (hereinafter this “Agreement”) is dated April 30, 2013, and is entered into by and between CHENGDU KANGHONG PHARMACEUTICALS (GROUP) CO. LTD (the “Pledgee”), and SAGENT PHARMACEUTICALS, INC. (the “Pledgor”), a shareholder of KANGHONG SAGENT (CHENGDU) PHARMACEUTICAL CORPORATION LIMITED (“KSCP”).
LIMITED WAIVER AND AMENDMENT NO. 2 REGARDING CREDIT AGREEMENTCredit Agreement • December 6th, 2010 • Sagent Holding Co. • Wyoming
This LIMITED WAIVER AND AMENDMENT NO. 2 REGARDING CREDIT AGREEMENT (this “Agreement”) entered into March 3, 2010 and effective as of March 1, 2010, is by and among SAGENT PHARMACEUTICALS, a Wyoming corporation (“Borrower”) and MIDCAP FUNDING I, LLC, a Delaware limited liability company (“MCF”) as Agent (in such capacity, “Agent”) and as the sole Lender (in such capacity, “Lender”).
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • April 10th, 2015 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations • Illinois
This AMENDMENT NO. 1 TO CREDIT AGREEMENT (this “Amendment”) is dated as of April 6, 2015, and is entered into by and among SAGENT PHARMACEUTICALS, a Wyoming corporation (“Borrower”), JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and the Lenders.
SAGENT PHARMACEUTICALS, INC. SEPARATION AGREEMENT AND RELEASE OF CLAIMSSeparation Agreement and Release of Claims • April 6th, 2016 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations
This Separation Agreement and Release of Claims (the “Separation Agreement”) is by and between Michael Logerfo (the “Executive”) and Sagent Pharmaceuticals, Inc. (“Sagent” or the “Company”).
AMENDMENT NO. 3 REGARDING CREDIT AGREEMENT3 Regarding Credit Agreement • December 6th, 2010 • Sagent Holding Co. • Wyoming
This AMENDMENT NO. 3 REGARDING CREDIT AGREEMENT (this “Agreement”) entered into August 4, 2010 and effective as of May 31, 2010, is by and among SAGENT PHARMACEUTICALS, a Wyoming corporation (“Borrower”), MIDCAP FUNDING IV, LLC, a Delaware limited liability company (“MCF”) as Agent (in such capacity, “Agent”) and as a Lender, and SILICON VALLEY BANK, a California corporation, as a Lender (collectively, with MCF, in its capacity as a Lender, “Lenders”).
4,600,000 Shares SAGENT PHARMACEUTICALS, INC. COMMON STOCK (PAR VALUE $0.01 PER SHARE) UNDERWRITING AGREEMENT September 10, 2013Underwriting Agreement • September 16th, 2013 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 16th, 2012 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations • Wyoming
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of February 13, 2012 (the “Effective Date”) among (a) SILICON VALLEY BANK, a California corporation with a loan production office located at 230 West Monroe, Suite 720, Chicago, Illinois 60606 (“Bank”), and (b) (i) SAGENT PHARMACEUTICALS, INC., a Delaware corporation (“Sagent Delaware”) and (ii) SAGENT PHARMACEUTICALS, a Wyoming corporation (“Sagent Wyoming”; and together with Sagent Delaware, jointly and severally, individually and collectively, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
SAGENT HOLDING CO. FOURTH AMENDED AND RESTATED MEMBERS AGREEMENTMembers Agreement • December 6th, 2010 • Sagent Holding Co. • California
This Fourth Amended and Restated Members Agreement (the “Agreement”) is made and entered into as of September 3, 2010 by and among Sagent Holding Co., a Cayman Islands exempted company (the “Company”), each of the members listed on Exhibit A attached hereto (collectively, the “Existing Investors”) and each of the members listed on Exhibit B attached hereto (collectively, the “New Investors,” and together with the Existing Investors, the “Investors”).
AMENDMENT NO. 5 REGARDING CREDIT AGREEMENT5 Regarding Credit Agreement • March 18th, 2011 • Sagent Holding Co. • Pharmaceutical preparations
This AMENDMENT NO. 5 REGARDING CREDIT AGREEMENT (this “Agreement”) dated as of March 8, 2011, is by and among SAGENT PHARMACEUTICALS, a Wyoming corporation (“Borrower”), MIDCAP FUNDING IV, LLC, a Delaware limited liability company (“MCF”) as Agent (in such capacity, “Agent”) and as a Lender, and SILICON VALLEY BANK, a California corporation (“SVB”), as a Lender (collectively, with MCF, in its capacity as a Lender, “Lenders”).
SAGENT HOLDING CO. SERIES A PREFERENCE SHARES PURCHASE AGREEMENTSeries a Preference Shares Purchase Agreement • December 6th, 2010 • Sagent Holding Co. • California
This Series A Preference Shares Purchase Agreement (the “Agreement”) is made and entered into as of May 19, 2009 by and among Sagent Holding Co., a Cayman Islands exempted company (the “Company”), and each of the entities, severally and not jointly, listed on the Schedule of Purchasers attached hereto as Exhibit A-1 (each, a “Purchaser,” and collectively, the “Purchasers”).
SAGENT HOLDING CO. SERIES B-1 PREFERENCE SHARES AND WARRANT PURCHASE AGREEMENTShares and Warrant Purchase Agreement • December 6th, 2010 • Sagent Holding Co. • California
This Series B-1 Preference Shares and Warrant Purchase Agreement (the “Agreement”) is made and entered into as of April 6, 2010 by and between Sagent Holding Co., a Cayman Islands exempted company (the “Company”), and the entity listed on the Schedule of Purchasers attached hereto as Exhibit A-1 (the “Purchaser” or “Key Gate”).
SAGENT PHARMACEUTICALS, INC. SEPARATION AGREEMENT AND RELEASE OF CLAIMSSeparation Agreement • May 8th, 2015 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations
This Separation Agreement and Release of Claims (the “Separation Agreement”) is by and between Jeffrey Yordon (the “Executive”) and Sagent Pharmaceuticals, Inc. (“Sagent” or the “Company”).
LIMITED WAIVER AND AMENDMENT NO. 1 REGARDING CREDIT AGREEMENTCredit Agreement • December 6th, 2010 • Sagent Holding Co. • Wyoming
This LIMITED WAIVER AND AMENDMENT NO. 1 REGARDING CREDIT AGREEMENT (this “Agreement”) entered into and effective as of this 9th day of December, 2009, is by and among SAGENT PHARMACEUTICALS, a Wyoming corporation (“Borrower”) and MIDCAP FUNDING I, LLC, a Delaware limited liability company (“MCF”) as Agent (in such capacity, “Agent”) and as the sole Lender (in such capacity, “Lender”).
