Spectrum Pharmaceuticals Inc Sample Contracts

Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals Reports Fourth Quarter 2018 and Full Year 2018 Financial Results and Pipeline Update (February 28th, 2019)

Poziotinib enrollment completed in previously treated EGFR cohort (cohort 1) of ZENITH20 trial; topline results are expected in Q4 2019

Spectrum Pharmaceuticals Inc – ASSET PURCHASE AGREEMENT between SPECTRUM PHARMACEUTICALS, INC., as Seller, and ACROTECH BIOPHARMA LLC, as Buyer and AUROBINDO PHARMA USA, INC., as Parent Guarantor Dated as of January 17, 2019 (January 17th, 2019)

This ASSET PURCHASE AGREEMENT, dated as of January 17, 2019 (this “Agreement”), is between Spectrum Pharmaceuticals, Inc., a Delaware corporation (“Seller”), Acrotech Biopharma LLC, a Delaware limited liability company (“Buyer”) and Aurobindo Pharma USA, Inc., a Delaware corporation (“Parent Guarantor”), solely for purposes of Article XI. Buyer and Seller are referred to herein each as a “Party” and collectively as the “Parties.”

Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals Reports Third Quarter 2018 Pipeline Update and Financial Results (November 8th, 2018)

Poziotinib interim data from the MD Anderson Phase 2 study presented in Q3 demonstrated strong efficacy in metastatic, heavily pretreated EGFR and HER2 exon 20 mutations in NSCLC patients

Spectrum Pharmaceuticals Inc – SPECTRUM PHARMACEUTICALS, INC. 2009 EMPLOYEE STOCK PURCHASE PLAN (November 8th, 2018)

This EMPLOYEE STOCK PURCHASE PLAN (the “Plan”) is hereby established by Spectrum Pharmaceuticals, Inc., a Delaware corporation (the “Company”) as of March 23, 2009. The Plan was amended and restated as of September 21, 2018.

Spectrum Pharmaceuticals Inc – EXECUTIVE EMPLOYMENT AGREEMENT (August 9th, 2018)

This Executive Employment Agreement (this “Agreement”) is dated as of April 10, 2018 by and between Spectrum Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Joseph W. Turgeon (“Executive”).

Spectrum Pharmaceuticals Inc – EXECUTIVE EMPLOYMENT AGREEMENT (August 9th, 2018)

This Executive Employment Agreement (this “Agreement”) is dated as of April 10, 2018 by and between Spectrum Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Thomas J. Riga (“Executive”).

Spectrum Pharmaceuticals Inc – EXECUTIVE EMPLOYMENT AGREEMENT (August 9th, 2018)

This Executive Employment Agreement (this “Agreement”) is dated as of April 10, 2018 by and between Spectrum Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Kurt A. Gustafson (“Executive”).

Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals Reports Second Quarter 2018 Financial Results and Pipeline Update (August 9th, 2018)

An oral presentation of updated Phase 2 poziotinib data including EGFR and HER2 patients with exon 20 mutations will occur on September 24 at the World Conference on Lung Cancer in Toronto

Spectrum Pharmaceuticals Inc – EXECUTIVE EMPLOYMENT AGREEMENT (August 9th, 2018)

This Executive Employment Agreement (this “Agreement”) is dated as of June 18, 2018 by and between Spectrum Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Keith M. McGahan (“Executive”).

Spectrum Pharmaceuticals Inc – SPECTRUM PHARMACEUTICALS, INC. TERM SHEET FOR 2018 LONG-TERM INCENTIVE PLAN STOCK OPTION AWARD (June 18th, 2018)

Spectrum Pharmaceuticals, Inc. hereby grants to the Participant named below a stock option (the “Option”) to purchase any part or all of the number of Shares that are covered by this Option, as specified below, at the exercise price specified below and on the terms and subject to the conditions set forth in this Term Sheet, the Spectrum Pharmaceuticals, Inc. 2018 Long-Term Incentive Plan (the “Plan”) and the Plan’s Standard Terms and Conditions (the “Standard Terms and Conditions”), each as amended from time to time (the Term Sheet and the Standard Terms and Conditions, as in effect at the time of the execution of the Term Sheet, together constituting the “Award Agreement” between Participant and the Company). This Option is granted pursuant to the Plan and is subject to and qualified in its entirety by the Award Agreement. If the Award Agreement conflicts with the Plan, the Plan will control. Capitalized terms not explicitly defined herein are defined in the Plan.

Spectrum Pharmaceuticals Inc – SPECTRUM PHARMACEUTICALS, INC. TERM SHEET FOR 2018 LONG-TERM INCENTIVE PLAN RESTRICTED STOCK AWARD (June 18th, 2018)

Spectrum Pharmaceuticals, Inc. hereby awards to the Participant named below (the “Award”) the number of Shares of Restricted Stock that are covered by this Award as specified below on the terms and subject to the conditions set forth in this Term Sheet, the Spectrum Pharmaceuticals, Inc. 2018 Long-Term Incentive Plan (the “Plan”) and the Plan’s Standard Terms and Conditions (the “Standard Terms and Conditions”), each as amended from time to time (the Term Sheet and the Standard Terms and Conditions, as in effect at the time of the execution of the Term Sheet, together constituting the “Award Agreement” between the Participant and the Company). This Award is granted pursuant to the Plan and is subject to and qualified in its entirety by the Award Agreement. If the Award Agreement conflicts with the Plan, the Plan will control. Capitalized terms not explicitly defined herein are defined in the Plan.

Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals, Inc. 2018 Long-Term Incentive Plan (June 18th, 2018)
Spectrum Pharmaceuticals Inc – SPECTRUM PHARMACEUTICALS, INC. TERM SHEET FOR 2018 LONG-TERM INCENTIVE PLAN PERFORMANCE UNIT AWARD (June 18th, 2018)

Spectrum Pharmaceuticals, Inc. hereby awards to the Participant named below a performance-based restricted stock unit award (the “Performance Units”) to purchase the number of Shares that are covered by this Award as specified below on the terms and subject to the conditions set forth in this Term Sheet, the Spectrum Pharmaceuticals, Inc. 2018 Long-Term Incentive Plan (the “Plan”) and the Plan’s Standard Terms and Conditions (the “Standard Terms and Conditions”), each as amended from time to time (the Term Sheet and the Standard Terms and Conditions, as in effect at the time of the execution of the Term Sheet, together constituting the “Award Agreement” between the Participant and the Company). This Award is granted pursuant to the Plan and is subject to and qualified in its entirety by the Award Agreement. If the Award Agreement conflicts with the Plan, the Plan will control. Capitalized terms not explicitly defined herein are defined in the Plan.

Spectrum Pharmaceuticals Inc – RESTATED CERTIFICATE OF INCORPORATION OF SPECTRUM PHARMACEUTICALS, INC. (June 18th, 2018)

The present name of the Corporation is Spectrum Pharmaceuticals, Inc. The Corporation was incorporated under the name “NeoTherapeutics, Inc.” by the filing of its original Certificate of Incorporation with the Secretary of State of the State of Delaware on May 7, 1997. This Restated Certificate of Incorporation of the Corporation, which restates and integrates and also further amends the provisions of the Corporation’s Certificate of Incorporation, as amended, was duly adopted in accordance with the provisions of Sections 242 and 245 of the General Corporation Law of the State of Delaware. The Certificate of Incorporation of the Corporation, as amended, is hereby amended, integrated and restated to read in its entirety as follows:

Spectrum Pharmaceuticals Inc – SPECTRUM PHARMACEUTICALS, INC. TERM SHEET FOR 2018 LONG-TERM INCENTIVE PLAN RESTRICTED STOCK UNIT AWARD FOR CANADIAN RESIDENT EMPLOYEES AND DIRECTORS (June 18th, 2018)

Spectrum Pharmaceuticals, Inc. hereby awards to the Participant named below (the “Award”) Restricted Stock Units to purchase the number of Shares that are covered by this Award as specified below on the terms and subject to the conditions set forth in this Term Sheet, the Spectrum Pharmaceuticals, Inc. 2018 Long-Term Incentive Plan (the “Plan”) and the Plan’s Standard Terms and Conditions (the “Standard Terms and Conditions”), each as amended from time to time (the Term Sheet and the Standard Terms and Conditions, as in effect at the time of the execution of the Term Sheet, together constituting the “Award Agreement” between the Participant and the Company). This Award is granted pursuant to the Plan and is subject to and qualified in its entirety by the Award Agreement. If the Award Agreement conflicts with the Plan, the Plan will control. Capitalized terms not explicitly defined herein are defined in the Plan.

Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals Reports First Quarter 2018 Financial Results and Pipeline Update (May 3rd, 2018)

Nature Medicine publication reported a confirmed objective response rate of 64 percent in the first 11 patients with EGFR exon 20 mutations treated with poziotinib. The median progression-free survival had not been reached, with a median follow up of 6.6 months.

Spectrum Pharmaceuticals Inc – SECOND AMENDMENT TO RIGHTS AGREEMENT (March 29th, 2018)

This SECOND AMENDMENT TO RIGHTS AGREEMENT (this “Amendment”) is dated as of March 27, 2018, by and between Spectrum Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and Computershare Trust Company, N.A., a national banking association (the “Rights Agent”), and amends the Rights Agreement, dated as of December 13, 2010, by and between the Company and the Rights Agent (as amended to date, the “Rights Agreement”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Rights Agreement. All section and exhibit references herein are to sections and exhibits of the Rights Agreement.

Spectrum Pharmaceuticals Inc – THIRD AMENDED AND RESTATED BYLAWS OF SPECTRUM PHARMACEUTICALS, INC. a Delaware corporation (effective March 23, 2018) (March 29th, 2018)
Spectrum Pharmaceuticals Inc – SUBLICENSE AGREEMENT (March 7th, 2018)

THIS SUBLICENSE AGREEMENT (this “Agreement”), dated as of December 21, 2007 (the “Effective Date”), is made by and among CELL THERAPEUTICS, INC., a Washington corporation (“CTI”), BIOGEN IDEC INC., a Delaware corporation (“BIIB”), and CORIXA CORPORATION, a Delaware corporation (“CORIXA”), COULTER PHARMACEUTICAL, INC., a Delaware corporation (“COULTER”), THE REGENTS OF THE UNIVERSITY OF MICHIGAN, a Michigan constitutional corporation (“MICHIGAN”) and SMITHKLINE BEECHAM CORPORATION doing business as GLAXOSMITHKLINE, a Pennsylvania corporation (“GSK”) (CORIXA, COULTER, MICHIGAN, and GSK, collectively, “LICENSORS”).

Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals Reports Fourth Quarter 2017 and Full Year 2017 Financial Results and Pipeline Update (March 6th, 2018)

Poziotinib: following promising interim results, the Company is actively enrolling NSCLC patients with exon 20 insertion mutation in a multi-center study.

Spectrum Pharmaceuticals Inc – AMENDMENT TO SECOND AMENDED AND RESTATED BYLAWS OF SPECTRUM PHARMACEUTICALS, INC. a Delaware corporation (February 27th, 2018)

This Amendment to Second Amended and Restated Bylaws (the “Bylaws”) of Spectrum Pharmaceuticals, Inc. (the “Corporation”) is effective as of February 23, 2018.

Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals Reports Third Quarter 2017 Financial Results and Pipeline Update (November 2nd, 2017)

Objective Response Rate of 73% was observed in preliminary analysis from an ongoing Phase 2 study conducted by MD Anderson Cancer Center in Non-Small-Cell Lung Cancer (NSCLC) patients with EGFR exon 20 insertion mutations.

Spectrum Pharmaceuticals Inc – FIRST AMENDMENT TO RIGHTS AGREEMENT (October 13th, 2017)

This First Amendment to Rights Agreement (this “Amendment”) is dated as of October 13, 2017, by and between Spectrum Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., a national banking association (the “Rights Agent”), and amends the Rights Agreement, dated as of December 13, 2010, by and between the Company and the Rights Agent (the “Rights Agreement”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Rights Agreement. All section and exhibit references herein are to sections and exhibits of the Rights Agreement.

Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals Announces Agreements to Exchange $69.5 Million in Principal Amount of Its 2.75% Convertible Senior Notes Due 2018 for Common Stock and Cash (October 10th, 2017)

HENDERSON, Nev.- October 10, 2017-- Spectrum Pharmaceuticals, Inc. (NasdaqGS: SPPI) today announced that it has entered into separate, privately negotiated exchange agreements with certain holders of its 2.75% Convertible Senior Notes due December 15, 2018 (the “Notes”). Pursuant to the exchange agreements, the Company will exchange approximately $69.5 million in aggregate principal amount of Notes, for (i) approximately 5.4 million newly-issued shares of the Company’s common stock, plus (ii) $26.7 million in cash, as well as accrued and unpaid interest in cash. Following the exchanges, which are expected to be completed on or about October 12, 2017, subject to customary closing conditions, approximately $40.5 million in aggregate principal amount of the Notes will remain outstanding.

Spectrum Pharmaceuticals Inc – AT MARKET ISSUANCE SALES AGREEMENT (August 4th, 2017)
Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals Reports Second Quarter 2017 Financial Results and Pipeline Update (August 3rd, 2017)

Enrollment completed in registrational ADVANCE Study under a Special Protocol Assessment (SPA) with the FDA. Topline results expected in Q1 2018.

Spectrum Pharmaceuticals Inc – HARDIK KAKADIA et al., Derivatively on ) Case No.: A-13-680643-B Behalf of SPECTRUM ) PHARMACEUTICALS, INC., ) Dept. No. XIII Plaintiff, ) ) SUMMARY NOTICE OF PROPOSED ) HEARING RAJESH C. SHROTRIYA, JOSEPH ) KENNETH KELLER, BRETT L. SCOTT, ) ANTHONY E. MAIDA, III, STUART M. ) KRASSNER, KRISHAN K. ARORA, LUIGI ) LENAZ, GILLES GAGNON, and ANTON ) GUETH, ) Defendants, ) -and- ) SPECTRUM PHARMACEUTICALS, INC., a ) Delaware corporation, ) Nominal Defendant. ) (June 5th, 2017)

THIS SUMMARY NOTICE RELATES TO A PROPOSED SETTLEMENT AND DISMISSAL OF THE ABOVE-CAPTIONED DERIVATIVE LITIGATION PENDING IN THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR CLARK COUNTY (THE “STATE DERIVATIVE ACTION”), AS WELL AS THE CASE CAPTIONED IN RE SPECTRUM PHARMACEUTICALS, INC. DERIVATIVE SHAREHOLDER LITIGATION., CASE NO. 13-CV-00624 PENDING IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA (TOGETHER WITH THE STATE DERIVATIVE ACTION, THE “DERIVATIVE ACTIONS”)

Spectrum Pharmaceuticals Inc – CONFIDENTIAL LICENSE AND ASSET PURCHASE AGREEMENT DATED AS OF JANUARY 23, 2012 BETWEEN SPECTRUM PHARMACEUTICALS CAYMAN, L.P. (May 4th, 2017)

This License and Asset Purchase Agreement, dated as of January 23, 2012 (the “Execution Date”) (as amended or otherwise modified, the “Agreement”), is between Spectrum Pharmaceuticals Cayman, L.P., an Exempted Limited Partnership organized under the laws of the Cayman Islands (“Purchaser”) and Bayer Pharma AG, a German aktiengesellschaft (“Bayer”).

Spectrum Pharmaceuticals Inc – SPECTRUM PHARMACEUTICALS, INC. 2009 INCENTIVE AWARD PLAN PERFORMANCE UNIT AWARD GRANT NOTICE (May 4th, 2017)

Spectrum Pharmaceuticals, Inc., a Delaware corporation, (the “Company”), pursuant to the Spectrum Pharmaceuticals, Inc. 2009 Incentive Award Plan, as amended from time to time (the “Plan”), hereby grants to the individual listed below (the “Participant”), in consideration of the mutual agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a performance-based restricted stock unit award (the “Performance Units”). Each Performance Unit represents the right to receive one share of Common Stock (as defined in the Plan) upon the achievement of total stockholder return goals (the “Shares”). This award is subject to all of the terms and conditions set forth herein and in the Performance Unit Award Agreement attached hereto as Exhibit A (the “Performance Unit Award Agreement”) and the Plan, each of which are incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall

Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals Reports First Quarter 2017 Financial Results and Pipeline Update (May 2nd, 2017)

Phase 3 ADVANCE Pivotal study: Number of evaluable patients reduced to 400 from 580, per an amended Special Protocol Assessment (SPA) received from the FDA.

Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals Reports Fourth Quarter 2016 and Full Year 2016 Financial Results and Pipeline Update (March 8th, 2017)

Poziotinib study in non-small cell lung cancer patients with EGFR Exon 20 insertion mutations, being run in partnership with The University of Texas MD Anderson Cancer Center, is expected to yield results before year end.

Spectrum Pharmaceuticals Inc – Spectrum Pharmaceuticals Provides Third Quarter Financial Update (November 14th, 2016)

HENDERSON, Nevada - November 14, 2016 - Spectrum Pharmaceuticals, Inc. (NasdaqGS: SPPI), a biotechnology company with fully integrated commercial and drug development operations with a primary focus in Hematology and Oncology announced today financial results for the three-month period ended September 30, 2016. As previously disclosed, the Company was re-examining the accounting treatment of the 2013 acquisition of the rights to CE Melphalan from Ligand Pharmaceuticals. This re-examination has now concluded and the Company has determined that no change was required.

Spectrum Pharmaceuticals Inc – LICENSE AGREEMENT (August 9th, 2016)

WHEREAS, CyDex is engaged in the business of developing and commercializing novel drug delivery technologies designed to enhance the solubility and effectiveness of existing and development-stage drugs;

Spectrum Pharmaceuticals Inc – LICENSE AND ASSET PURCHASE AGREEMENT DATED AS OF NOVEMBER 16, 2015 BETWEEN SPECTRUM PHARMACEUTICALS CAYMAN, L.P. (June 10th, 2016)

This License and Asset Purchase Agreement, dated as November 16, 2015 (the “Effective Date”) (as amended or otherwise modified, the “Agreement”), is between Spectrum Pharmaceuticals Cayman, L.P., an Exempted Limited Partnership organized under the laws of the Cayman Islands (“Spectrum”) and Mundipharma International Corporation Limited, a Bermuda corporation (“Purchaser”).

Spectrum Pharmaceuticals Inc – CHANGE IN CONTROL SEVERANCE AGREEMENT (March 14th, 2016)

This AMENDMENT NO. 1 TO CHANGE IN CONTROL SEVERANCE AGREEMENT (the “Amendment”) is entered into as of February 18, 2015, by and between Spectrum Pharmaceuticals, Inc., a Delaware corporation (the “Company,” which term shall include any successor by merger, consolidation, sale of substantially all of the Company’s assets or otherwise), and Joseph W. Turgeon (“Employee”). All capitalized terms that have not been defined herein shall have the meanings ascribed to such terms in the Change in Control Severance Agreement (the “Agreement”) dated March 28, 2014, by and between the Company and Employee.