COMMERCIAL SUPPLY AGREEMENTCommercial Supply Agreement • August 8th, 2013 • Vivus Inc • Pharmaceutical preparations • New York
SANOFI CHIMIE, a company organised and existing under the laws of France, having its registered office at 9 rue du Président Allende, 94256 Gentilly, France, and a principal place of business at 20 avenue Raymond Aron, 92165 Antony Cedex, France, represented by Hervé LEBRUN, Chairman and Chief Executive Officer,
COMMERCIAL SUPPLY AGREEMENTCommercial Supply Agreement • August 8th, 2013 • Vivus Inc • Pharmaceutical preparations • New York
THIS COMMERCIAL SUPPLY AGREEMENT (this “Agreement”) is entered into and effective as of July 5th, 2013 (the “Effective Date”) by and between VIVUS, Inc., a Delaware corporation with its principal place of business at 351 E. Evelyn Avenue, Mountain View, CA 94041 (“VIVUS”) and BERLIN-CHEMIE AG, a German public limited company having a place of business at Glienicker Weg 125 — 127, 12489 Berlin, Germany (“Purchaser”). VIVUS and Purchaser are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
LICENSE AND COMMERCIALIZATION AGREEMENT by and between VIVUS, INC. and BERLIN- CHEMIE AGLicense and Commercialization Agreement • August 8th, 2013 • Vivus Inc • Pharmaceutical preparations • California
THIS LICENSE AND COMMERCIALIZATION AGREEMENT (the “Agreement”) is executed on the 5th of July, 2013 (the “Execution Date”) by and between VIVUS, INC., a Delaware corporation with its principal place of business at 351 E. Evelyn Avenue, Mountain View, CA 94041, United States (“VIVUS”), and BERLIN-CHEMIE AG, a German public limited company having a place of business at Glienicker Weg 125 — 127, 12489 Berlin, Germany (“Menarini”). VIVUS and Menarini are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
