FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • May 27th, 2009 • Cougar Biotechnology, Inc. • Pharmaceutical preparations • Delaware
This Indemnification Agreement (“Agreement”) is made as of May 20, 2009 by and between Cougar Biotechnology, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”). This Agreement supersedes and replaces any and all previous Agreements between the Company and Indemnitee covering the subject matter of this Agreement.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTRelease Agreement • May 27th, 2009 • Cougar Biotechnology, Inc. • Pharmaceutical preparations • California
This AGREEMENT (the “Agreement”) is made this 21st day of May, 2009, by and between COUGAR BIOTECHNOLOGY, INC., a Delaware corporation with principal executive offices at 10990 Wilshire Boulevard, Suite 1200, Los Angeles, CA 90024 (the “Company”), and ALAN H. AUERBACH (the “Executive”).
FIRST AMENDMENT TO EMPLOYMENT LETTEREmployment Letter • May 27th, 2009 • Cougar Biotechnology, Inc. • Pharmaceutical preparations
THIS FIRST AMENDMENT TO EMPLOYMENT LETTER (this “First Amendment”), is entered into as of May 21, 2009, by and Cougar Biotechnology, Inc. (the “Company”), and Charles R. Eyler (“Executive”). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Employment Letter (as defined below).
May 21, 2009Cougar Biotechnology, Inc. • May 27th, 2009 • Pharmaceutical preparations • Delaware
This letter agreement is in reference to the amended and restated employment agreement between you and Cougar Biotechnology, Inc. (the “Company”), dated as of May 21, 2009 and as amended and restated as of the date hereof (as amended through the date hereof, the “Employment Agreement”). As you know, Johnson & Johnson, a New Jersey corporation (“Parent”), Kite Merger Sub, Inc., a wholly owned subsidiary of Parent (“Purchaser”), and the Company propose to enter into a merger agreement, dated as of the date hereof (the “Merger Agreement”) that will (subject to the satisfaction of the terms and conditions of the Merger Agreement) result in the Company becoming wholly-owned by Parent upon the Closing (as defined in the Merger Agreement) as a result of the Merger (as defined in the Merger Agreement). As a condition to the willingness of Parent and Purchaser to enter into the Merger Agreement, Parent has requested that you enter into this letter agreement setting forth certain modifications t
