LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 8th, 2008 • Depomed Inc • Pharmaceutical preparations • New York
THIS LOAN AND SECURITY AGREEMENT, dated as of June 27, 2008 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is among GENERAL ELECTRIC CAPITAL CORPORATION (“GECC”), in its capacity as agent for Lenders (as defined below) (together with its successors and assigns in such capacity, “Agent”), OXFORD FINANCE CORPORATION (“Oxford”), the other financial institutions who are or hereafter become parties to this Agreement as lenders (together with GECC and Oxford, collectively the “Lenders”, and each individually, a “Lender”), DEPOMED, INC., a California corporation (“Borrower”), and the other entities or persons, if any, who are or hereafter become parties to this Agreement as guarantors (each a “Guarantor” and collectively, the “Guarantors”, and together with Borrower, each a “Loan Party” and collectively, “Loan Parties”).
PROMOTION AGREEMENTPromotion Agreement • August 8th, 2008 • Depomed Inc • Pharmaceutical preparations • California
This PROMOTION AGREEMENT (this “Agreement”) is made as of July 21, 2008 (the “Effective Date”), by and between Depomed, Inc., a California corporation (“Depomed”), and Santarus, Inc., a Delaware corporation (“Santarus”). Each of Depomed and Santarus is referred to herein individually as a “party” and collectively as the “parties.”
FIRST LEASE EXTENSION AGREEMENTFirst Lease Extension Agreement • August 8th, 2008 • Depomed Inc • Pharmaceutical preparations
THIS LEASE EXTENSION AGREEMENT (this “Agreement”) is made and entered into on March 18, 2008 by and between MENLO BUSINESS PARK, LLC, a California limited liability company (“Lessor”), and DEPOMED, INC., a California corporation (“Lessee”).
THIRD LEASE EXTENSION AGREEMENTThird Lease Extension Agreement • August 8th, 2008 • Depomed Inc • Pharmaceutical preparations
THIS THIRD LEASE EXTENSION AGREEMENT (this “Agreement”) is made and entered into on March 18, 2008 by and between MENLO BUSINESS PARK, LLC, a California limited liability company (“Lessor”), and DEPOMED, INC., a California corporation (“Lessee”).
SETTLEMENT AND LICENSE AGREEMENTSettlement and License Agreement • August 8th, 2008 • Depomed Inc • Pharmaceutical preparations • California
This Settlement and License Agreement (this “AGREEMENT”), effective as of April 4, 2008 (“EFFECTIVE DATE”), is entered into by and among Depomed, Inc. (collectively with its AFFILIATES, “DEPOMED”), a California corporation having its principal place of business in Menlo Park, California, and Teva Pharmaceuticals USA, Inc., a Delaware corporation having its principal place of business in North Wales, Pennsylvania (collectively with its AFFILIATES, “TEVA”).
SECOND LEASE EXTENSION AGREEMENTSecond Lease Extension Agreement • August 8th, 2008 • Depomed Inc • Pharmaceutical preparations
THIS LEASE EXTENSION AGREEMENT (this “Agreement”) is made and entered into on March 18 2008 by and between MENLO BUSINESS PARK, LLC, a California limited liability company (“Lessor”), and DEPOMED, INC., a California corporation (“Lessee”).
AMENDMENT NO. 1 TO COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • August 8th, 2008 • Depomed Inc • Pharmaceutical preparations • New York
This AMENDMENT NO. 1 (the “First Amendment”) to that certain Common Stock Purchase Agreement, dated December 11, 2006 (the “Agreement”), by and between Depomed, Inc., a Delaware corporation (the “Company”), and Azimuth Opportunity Ltd., an international business company incorporated under the laws of the British Virgin Islands (the “Investor”), is entered into as of August 8, 2008 (the “First Amendment Date”). Capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement.
