SUBSCRIPTION AGREEMENTSubscription Agreement • April 4th, 2008 • Vivus Inc • Pharmaceutical preparations • Delaware
This SUBSCRIPTION AGREEMENT (this “Agreement”), dated as of April 3, 2008, is by and between Deerfield ED Corporation, a Delaware corporation (the “Company”) and Deerfield Private Design International, L.P., a British Virgin Islands limited partnership (“Subscriber”).
SECURITY AGREEMENTSecurity Agreement • April 4th, 2008 • Vivus Inc • Pharmaceutical preparations • Delaware
THIS SECURITY AGREEMENT (this “Agreement”) dated as of April 3, 2008, is made by and between VIVUS, INC., a Delaware corporation (the “Debtor”), and DEERFIELD ED CORPORATION, a Delaware corporation (the “Secured Party”).
FUNDING AND ROYALTY AGREEMENTFunding and Royalty Agreement • April 4th, 2008 • Vivus Inc • Pharmaceutical preparations • Delaware
This FUNDING AND ROYALTY AGREEMENT (this “Agreement”), dated April 3, 2008, is made by and between Deerfield ED Corporation, a Delaware corporation (“ED”) and VIVUS, Inc., a Delaware corporation (“VIVUS”).
SECURITY AGREEMENTSecurity Agreement • April 4th, 2008 • Vivus Inc • Pharmaceutical preparations • Delaware
THIS SECURITY AGREEMENT (this “Agreement”) dated as of April 3, 2008, is made by and between VIVUS, INC., a Delaware corporation (the “Debtor”), DEERFIELD ED CORPORATION, a Delaware corporation (“ED”), and the entities listed on Exhibit 1 hereto (each a “Stockholder,” together the “Stockholders” and together with ED the “Secured Parties”).
OPTION AND PUT AGREEMENTOption and Put Agreement • April 4th, 2008 • Vivus Inc • Pharmaceutical preparations • Delaware
This OPTION AND PUT AGREEMENT (this “Agreement”), dated as of April 3, 2008, is by and among VIVUS, Inc., a Delaware corporation (the “Company”), Deerfield ED Corporation, a Delaware corporation (“ED”), and the entities listed on Exhibit 1 hereto (each a “Stockholder” and together the “Stockholders”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 4th, 2008 • Vivus Inc • Pharmaceutical preparations • Delaware
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of April 3, 2008, is by and among VIVUS, Inc., a Delaware corporation (the “Company”), Deerfield Private Design Fund L.P. (“DFPDF”), Deerfield Private Design International, L.P. (collectively with DFPDF, the “Investors”) and Deerfield Management Company, L.P. (“Deerfield”).
