FORM OF CONTINGENT CASH CONSIDERATION AGREEMENT by and between DM MERGER SUB INC., AMERICAN STOCK TRANSFER & TRUST COMPANY as Paying Agent, and, Solely for the Purposes of Section 16, ENDO HEALTH SOLUTIONS INC.Contingent Cash Consideration Agreement • December 16th, 2013 • Nupathe Inc. • Pharmaceutical preparations • Delaware
This CONTINGENT CASH CONSIDERATION AGREEMENT (this “Agreement”), dated as of [ ], 2014, is entered into by and between DM Merger Sub Inc., a Delaware corporation (the “Company”) and wholly-owned, indirect subsidiary of the Guarantor (as defined below), American Stock Transfer & Trust Company, LLC, as Paying Agent (the “Paying Agent”), and, solely for the purposes of Section 16, Endo Health Solutions Inc., a Delaware corporation (the “Guarantor”).
AGREEMENT AND PLAN OF MERGER BY AND AMONG ENDO HEALTH SOLUTIONS INC., DM MERGER SUB INC. AND NUPATHE INC. DATED AS OF DECEMBER 15, 2013Agreement and Plan of Merger • December 16th, 2013 • Nupathe Inc. • Pharmaceutical preparations • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of December 15, 2013, is by and among Endo Health Solutions Inc., a Delaware corporation (“Parent”), DM Merger Sub Inc., a Delaware corporation and an indirect, wholly-owned Subsidiary of Parent (“Merger Sub”), and NuPathe Inc., a Delaware corporation (the “Company”).
