EMPLOYMENT AGREEMENTEmployment Agreement • April 30th, 2009 • Fresenius Kabi Pharmaceuticals Holding, Inc. • Pharmaceutical preparations • Illinois
THIS AGREEMENT is dated effective January 1, 2009, by and among APP Pharmaceuticals, Inc., a Delaware corporation (the “Company”), Richard E. Maroun (the “Executive”) and, solely for the purposes of guaranteeing the Company’s obligations under Section 5 of this Agreement, Fresenius SE, a societas europaea organized under the laws of Germany (the “Parent”).
Fresenius SE, 61346 Bad Homburg, Germany Fresenius SE Else-Kröner-StraBe 1 Fresenius Kabi Pharmaceuticals Holding, Inc. 61352 Bad HomburgFresenius Kabi Pharmaceuticals Holding, Inc. • April 30th, 2009 • Pharmaceutical preparations
This letter confirms that Fresenius SE (or one or more of its subsidiaries) will provide financial support to Fresenius Kabi Pharmaceuticals Holding, Inc. (the Company) sufficient for it to satisfy its obligations and debt service requirements arising under all existing financing instruments incurred in connection with the merger between APP Pharmaceuticals and Fresenius Kabi, to which the Company is a party to, as they come due until at least January 1,2010. In addition, the undersigned represent that Fresenius SE has the ability to provide the above mentioned financial support to the Company to the extent and when becoming necessary under the relevant financing instruments and that there are no restrictions on Fresenius SE to provide such support.
