INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • November 15th, 2006 • Obagi Medical Products, Inc. • Pharmaceutical preparations • California
This Investors’ Rights Agreement (this “Agreement”) is made as of the 2nd day of December 1997, by and between OMP Acquisition Corporation, a California corporation (the “Company”), Mandarin Partners LLC (“Mandarin”) and Zein and Samar Obagi Family Trust (“Obagi”). Mandarin and Obagi are referred to collectively as the “Investors”.
CATALINA LANDING AMENDED AND RESTATED OFFICE LEASEOffice Lease • November 15th, 2006 • Obagi Medical Products, Inc. • Pharmaceutical preparations • California
This Amended and Restated Lease (“Lease”), is by and between AC-CATALINA LANDING LLC, a Delaware limited liability company (“Landlord”), and OBAGI MEDICAL PRODUCTS, INC., a California corporation (“Tenant”). John Hancock Mutual Life Insurance Company, a Massachusetts corporation, Landlord’s predecessor in interest, and Tenant, are parties to that certain lease, dated February 27, 1998, and that certain First Amendment to Standard Office Lease, dated October 30, 1998 (collectively, the “Lease”), for the premises described below. Now, therefore, Landlord and Tenant hereby express their mutual desire and intent to amend and restate the Original Lease and First Amendment as follows:
DISTRIBUTION AGREEMENTDistribution Agreement • November 15th, 2006 • Obagi Medical Products, Inc. • Pharmaceutical preparations
THIS DISTRIBUTION AGREEMENT is made as of the 10th day of November, 2005 (the “Effective Date”) by and between OMP, Inc., a company established and existing under the laws of the State of Delaware, having its principal place of business at 310 Golden Shore, Long Beach, California 90802, USA (“OMP”) and Cellogique Corporation, a corporation organized and validly existing under the laws of California, having its principal place of business at 124 Woodland Road, Pittsburgh PA 15232 (“Distributor”). OMP and the Distributor are sometimes referred to herein as the “Parties” and individually as “Party.”
CONSULTANT SERVICES AND CONFIDENTIALITY AGREEMENTConfidential Treatment Requested • November 15th, 2006 • Obagi Medical Products, Inc. • Pharmaceutical preparations • Delaware
This Consultant Services and Confidentiality Agreement (the “Agreement”) is made and entered into as of the 18th day of July, 2005 (the “Effective Date”) by and between Obagi Medical Products, Inc., a Delaware corporation (“OMP” or “Company”) and Jose Ramirez and JR Chem LLC (“JR” or “Consultant”).
PATENT LICENSE AGREEMENTPatent License Agreement • November 15th, 2006 • Obagi Medical Products, Inc. • Pharmaceutical preparations • New York
AVON PRODUCTS, INC., a corporation in good standing, organized and existing under the laws of the State of New York, having a principal office at 1345 Avenue of the Americas, New York, New York 10105, and its Affiliates (hereinafter collectively called “AVON”); and
KNOW-HOW AND TRADEMARK LICENSE AGREEMENTHow and Trademark License Agreement • November 15th, 2006 • Obagi Medical Products, Inc. • Pharmaceutical preparations • New York
THIS KNOW-HOW AND TRADEMARK LICENSE AGREEMENT is entered into effective as of this 13th day of September, 2002 (the “Effective Date”), between OMP, INC., a Delaware, U.S.A. corporation having its principal place of business at 310 Golden Shore, Long Beach, California 90802 (“OMP”), and ROHTO PHARMACEUTICAL CO, LTD., a Japanese company having its principal place of business at 1-8-1, Tatsumi-nishi, Ikuno-ku, Osaka 544-8666, Japan (“Rohto”).
PRODUCT SUPPLY AGREEMENTProduct Supply Agreement • November 15th, 2006 • Obagi Medical Products, Inc. • Pharmaceutical preparations • New York
This PRODUCT SUPPLY AGREEMENT (the “Agreement”), dated as of December 8, 2005 (the “Effective Date”), between Triax Pharmaceuticals, LLC, a Delaware corporation, having its principal place of business at 20 Commerce, Cranford, NJ 07016 (“Triax”), and OMP, a Delaware corporation having its principal place of business at 310 Golden Shore, Long Beach, California (“OMP”) (OMP and Triax, each a “Party,” and collectively, the “Parties”).
CREDIT AGREEMENT DATED AS OF JANUARY 28, 2005 AMONG OMP, INC., MERRILL LYNCH CAPITAL, a Division of Merrill Lynch Business Financial Services Inc., as Administrative Agent, as a Lender and as Sole Bookrunner and Sole Lead Arranger AND THE ADDITIONAL...Credit Agreement • November 15th, 2006 • Obagi Medical Products, Inc. • Pharmaceutical preparations • New York
CREDIT AGREEMENT dated as of January 28, 2005 among OMP, INC., a Delaware corporation, as Borrower, the financial institutions or other entities from time to time parties hereto, each as a Lender, and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a Lender, as Administrative Agent, Sole Bookrunner and Sole Lead Arranger.
