0001193125-15-308377 Sample Contracts

FIRST AMENDMENT TO CREDIT AND SECURITY AGREEMENT
Credit and Security • August 31st, 2015 • Sancilio Pharmaceuticals Company, Inc. • Pharmaceutical preparations • Florida

THIS FIRST AMENDMENT (this “First Amendment”), dated as of August 7, 2015, to the Credit And Security Agreement (the “Agreement”), dated as of August 27, 2013, between SANCILIO & COMPANY, INC., a Delaware corporation (the “Borrower”), FREDERICK D. SANCILIO and CAROLYN A. SANCILIO, husband and wife (collectively, the “Guarantor”) and CAPITAL BANK, N.A. (the “Bank”).

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CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • August 31st, 2015 • Sancilio Pharmaceuticals Company, Inc. • Pharmaceutical preparations • Florida

THIS CREDIT AND SECURITY AGREEMENT (the “Agreement”), dated as of August 27, 2013, between SANCILIO & COMPANY, INC., a Delaware corporation (the “Borrower”), FREDERICK D. SANCILIO and CAROLYN A. SANCILIO, husband and wife (collectively, the “Guarantor”) and CAPITAL BANK, N.A. (the “Bank”).

SANCILIO & COMPANY, INC. SECOND AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT MAY 21, 2014
Adoption Agreement • August 31st, 2015 • Sancilio Pharmaceuticals Company, Inc. • Pharmaceutical preparations • Delaware

THIS SECOND AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT is made and entered into as of this 21st day of May, 2014 by and among Sancilio & Company, Inc., a Delaware corporation (the “Company”), each holder of the Company’s Series A Preferred Stock, par value $0.01 per share (“Series A Preferred Stock”), listed on Schedule A, each holder of the Company’s Series B Preferred Stock, par value $0.01 per share (the “Series B Preferred Stock”), listed on Schedule A and each holder of the Company’s Series C Preferred Stock, par value $0.01 per share (the “Series C Preferred Stock” and, together with the Series A Preferred Stock and Series B Preferred Stock, the “Preferred Stock”) listed on Schedule A (such holders of Preferred Stock and any subsequent investors, or transferees, who become parties hereto as “Investors” pursuant to Subsections 8.1(a) or 8.2 below, the “Investors”) and each holder of the Company’s Common Stock, par value $0.01 per share (“Common Stock”) listed on Schedule B (toge

Consulting Agreement
Consulting Agreement • August 31st, 2015 • Sancilio Pharmaceuticals Company, Inc. • Pharmaceutical preparations • Florida

This Consulting Agreement (“Agreement”) by and between Sancilio and Company, Inc., a Florida corporation (“SCI”), and TherapeuticsMD, Inc., a Nevada corporation (“Therapeutics”), is entered into as of May 17, 2012 (the “Effective Date”). Each of SCI and Therapeutics are referred to hereinafter as a ‘Party” and collectively as the “Parties.”

AGREEMENT OF LEASE FOR
Agreement of Lease • August 31st, 2015 • Sancilio Pharmaceuticals Company, Inc. • Pharmaceutical preparations • Florida

THIS LEASE is made as of the 30th day of December, 2013 between Simone Holdings Inc., a Florida corporation and Signature Structures, Inc., a Florida corporation, d/b/a Simone Structures, J.V., with its of at 6761 W. Indiantown Road Suite 29, Jupiter, Florida 33458, as or Lessor or Landlord, and SANCILIO COMPANY, INC., a Delaware corporation, with its offices at 3874 Fiscal Court, Riviera Beach, Florida 33404, as Lessee or Tenant.

AGREEMENT OF LEASE FOR
Lease Agreement • August 31st, 2015 • Sancilio Pharmaceuticals Company, Inc. • Pharmaceutical preparations • Florida

THIS LEASE is made as of the 5th day of December, 2005 between Simone Holdings Inc., a Florida corporation and Signature Structures, Inc., a Florida corporation, d/b/a Simone Structures, J.V., with its offices at 6761 W. Indiantown Road Suite 29, Jupiter, Florida 33458, as Landlord or Lessor, and SANCILIO & COMPANY, a Florida Corporation, with its-offices at 1001 No. US Hwy One Suite 409, Jupiter Florida 33477 as Tenant or Lessee.

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