Cumberland Pharmaceuticals Inc. [___] Shares Common Stock (no par value per Share) Underwriting AgreementUnderwriting Agreement • July 23rd, 2007 • Cumberland Pharmaceuticals Inc • Pharmaceutical preparations • New York
Cumberland Pharmaceuticals Inc., a Tennessee corporation (the “Company”), proposes to issue and sell to the underwriters named in Schedule A annexed hereto (the “Underwriters”), for whom you are acting as representatives, an aggregate of [___] shares (the “Firm Shares”) of common stock, no par value per share (the “Common Stock”), of the Company. In addition, solely for the purpose of covering over-allotments, the Company proposes to grant to the Underwriters the option to purchase from the Company up to an additional [___] shares of Common Stock (the “Additional Shares”). The Firm Shares and the Additional Shares are hereinafter collectively sometimes referred to as the “Shares.” The Shares are described in the Prospectus which is referred to below.
Certain portions of this exhibit have been omitted pursuant to a request for confidential treatment which has been filed separately with the SEC. STRATEGIC ALLIANCE AGREEMENTStrategic Alliance Agreement • July 23rd, 2007 • Cumberland Pharmaceuticals Inc • Pharmaceutical preparations • Tennessee
CUMBERLAND PHARMACEUTICALS INC., a corporation organized and existing under the laws of Tennessee, with its principal offices located at 209 Tenth Avenue South, Suite 332, Nashville, Tennessee, 37203 (hereinafter referred to as “CUMBERLAND”)
SECOND AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • July 23rd, 2007 • Cumberland Pharmaceuticals Inc • Pharmaceutical preparations • Tennessee
THIS SECOND AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT (this “Amendment”), dated July 18, 2007, is made and entered into on the terms and conditions hereinafter set forth, by and between CUMBERLAND PHARMACEUTICALS, INC., a Tennessee corporation (the “Borrower”), and BANK OF AMERICA, N.A., a national banking association (the “Bank”).
