CONTINGENT VALUE RIGHTS AGREEMENT by and among FRESENIUS KABI PHARMACEUTICALS HOLDING, INC. and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. and THE BANK OF NEW YORK MELLON Dated as of September 10, 2008Contingent Value Rights Agreement • September 10th, 2008 • Fresenius Kabi Pharmaceuticals Holding, Inc. • Pharmaceutical preparations • New York
THIS CONTINGENT VALUE RIGHTS AGREEMENT, dated as of September 10, 2008 (the “CVR Agreement”), by and among Fresenius Kabi Pharmaceuticals Holding, Inc., a Delaware corporation (the “Company”), The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee (the “Trustee”), and The Bank of New York Mellon, as paying agent and security registrar, in favor of each person who from time to time holds one or more Contingent Value Rights (the “Securities” or “CVRs”) to receive cash payments in the amounts and subject to the terms and conditions set forth herein.
