Biota Holdings Limited (ACN 006 479 081) Unit 10, 585 Blackburn Road Notting Hill, Victoria 3168 (Biota). Nabi Biopharmaceuticals 12270 Wilkins Avenue Rockville, Maryland 20852 (Nabi). Strictly confidential Merger Implementation AgreementMerger Implementation Agreement • September 18th, 2012 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances)
The parties to this deed refer to the Merger Implement Agreement between the parties dated 22 April 2012 as amended by the Merger Implementation Agreement Amendment dated 6 August 2012 (the MIA).
SUPPORT AGREEMENTSupport Agreement • September 18th, 2012 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances) • Delaware
This SUPPORT AGREEMENT (the “Agreement”) is made and entered into as of September 17, 2012, by and between Nabi Biopharmaceuticals, a Delaware corporation (the “Company”), on the one hand, and each of Mangrove Partners Fund, L.P., Mangrove Partners, Mangrove Capital and Nathaniel August (collectively, the “Mangrove Parties”), on the other hand. For purposes of this Agreement, the Mangrove Parties shall also include any and all parties to the Mangrove Parties’ beneficial ownership report on Schedule 13D, as amended, with respect to Company common stock, as now or hereafter filed with the U.S. Securities and Exchange Commission (the “SEC”).
