AKORN, INC. COMMON STOCK PURCHASE WARRANT To Purchase 1,501,933 Shares of Common StockCommon Stock Purchase • April 21st, 2009 • Akorn Inc • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (this “Warrant”) certifies that, for value received, JOHN N KAPOOR TRUST DATED 9/20/89 (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after April 15, 2009 (the “Initial Exercise Date”) and on or prior to the close of business on the fifth (5th) anniversary following the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Akorn, Inc., a Louisiana corporation (the “Company”), up to One Million Five Hundred One Thousand Nine Hundred Thirty-Three (1,501,933) shares, subject to adjustment as set forth herein (the “Warrant Shares”) of Common Stock, no par value per share, of the Company (the “Common Stock”). The purchase price of one share of Common Stock (the “Exercise Price”) under this Warrant shall be $1.11 per share, subject to adjustment hereunder. The Exercise Price and the number of Warrant Shares for
SETTLEMENT AGREEMENTSettlement Agreement • April 21st, 2009 • Akorn Inc • Pharmaceutical preparations • Massachusetts
THIS SETTLEMENT AND AGREEMENT (the “Settlement Agreement”) is made effective as of April 15, 2009 (“Effective Date”), by and between AKORN, INC., a Louisiana corporation, having a principal place of business located at 2500 Millbrook Drive, Buffalo Grove, IL 60089 (“Akorn”), and Massachusetts Biologic Laboratories of the University of Massachusetts Medical School, having a principal place of business located at 460 Walk Hill Street, Boston, MA 02126 (“MBL”). Akorn and MBL are sometimes referred to herein individually as “Party,” or collectively, as the “Parties.”
FOURTH AMENDMENT TO EXCLUSIVE DISTRIBUTION AGREEMENT BETWEEN AKORN, INC. AND MASSACHUSETTS BIOLOGICAL LABORATORIESLetter Agreement • April 21st, 2009 • Akorn Inc • Pharmaceutical preparations
THIS FOURTH AMENDMENT (the “Fourth Amendment”) is entered into as of April 15, 2009, (the “Amendment Effective Date”), by and between Massachusetts Biologic Laboratories of the University of Massachusetts Medical School (“MBL” or “Seller”) and Akorn, Inc. (“Akorn” or “Buyer”) (each a “Party” and together the “Parties”).
REIMBURSEMENT AND WARRANT AGREEMENTReimbursement and Warrant Agreement • April 21st, 2009 • Akorn Inc • Pharmaceutical preparations • Illinois
THIS REIMBURSEMENT AND WARRANT AGREEMENT (this “Agreement”) is made and entered into as of April 15, 2009, by and among AKORN, INC., a Louisiana corporation (“Akorn”), AKORN (NEW JERSEY), INC., an Illinois corporation (“Akorn NJ”, and together with Akorn, collectively, the “Companies” and individually as a “Company”), JOHN N KAPOOR TRUST DATED 9/20/89 (the “Kapoor Trust”), and, solely for the purpose of consenting to Section 2 of this Agreement, EJ FUNDS LP, a Delaware limited partnership (“EJ Funds”).
