AMENDED AND RESTATED SHARE EXCHANGE AGREEMENT BY AND AMONG BIODEL INC., ALBIREO LIMITED AND THE SELLERS LISTED ON SCHEDULE I HERETO Dated as of July 13, 2016Share Exchange Agreement • July 13th, 2016 • Biodel Inc • Pharmaceutical preparations • Delaware
THIS AMENDED AND RESTATED SHARE EXCHANGE AGREEMENT, made and entered into as of July 13, 2016 (this “Agreement”), amends and restates the Share Exchange Agreement made and entered into as of May 24, 2016 (such agreement, the “Original Agreement” and such date, the “Original Agreement Date”), by and among Biodel Inc., a Delaware corporation (“Company”), Albireo Limited, a company registered in England and Wales with company number 06445879 (“Albireo”), and the Persons listed on Schedule I hereto (including each Person, if any, who executes a Joinder Agreement as contemplated by Sections 6.11 and 6.12) (“Sellers”)) pursuant to Section 9.2 of the Original Agreement. Albireo, Company and each Seller are each a “Party” and referred to collectively herein as the “Parties.” Certain capitalized terms used in this Agreement are defined in Exhibit A.
