0001193125-04-165663 Sample Contracts

AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among MGI PHARMA, INC., MGIP ACQUISITION CORP., AESGEN, INC., AND THE EQUITYHOLDERS’ REPRESENTATIVE Dated as of August 30, 2004

Escrow Agreement • October 1st, 2004 • Mgi Pharma Inc • Pharmaceutical preparations • Delaware

• Contract Type
  Escrow Agreement
• Filed
  October 1st, 2004
• Company
  Mgi Pharma Inc
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER AND REORGANIZATION, dated as of August 30, 2004 (this “Agreement”), among MGI PHARMA, INC., a Minnesota corporation (“Parent”), MGIP ACQUISITION CORP., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), AESGEN, INC., a Delaware corporation (the “Company”) and Timothy I. Maudlin, in his capacity as Equityholders’ Representative (as defined in Section 11.01 hereof and solely for purposes thereof).