0001558370-16-009838 Sample Contracts

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • November 9th, 2016 • Vivus Inc • Pharmaceutical preparations • New York

*** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • November 9th, 2016 • Vivus Inc • Pharmaceutical preparations • New York

THIS COMMERCIAL SUPPLY AGREEMENT (this “Agreement”) is dated as of September 30, 2016, by and between VIVUS, Inc., a Delaware corporation with its principal place of business at 351 E. Evelyn Avenue, Mountain View, CA 94041 (“VIVUS”), and Metuchen Pharmaceuticals LLC, a limited liability company organized under the laws of Delaware, having its principal place of business at 11 Commerce Drive, 1st Floor, Cranford, New Jersey 07016 (“Purchaser”). VIVUS and Purchaser are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

FIRST AMENDMENT TO LEASE
Lease • November 9th, 2016 • Vivus Inc • Pharmaceutical preparations

THIS FIRST AMENDMENT TO LEASE (this “First Amendment”) is made and entered into effective as of August 30, 2016 (the “Effective Date”), by and between MV CAMPUS OWNER, LLC, a Delaware limited liability company (“Landlord”), and VIVUS, INC., a Delaware corporation (“Tenant”).

HAMILTON PLAZA OFFICE LEASE
Office Lease • November 9th, 2016 • Vivus Inc • Pharmaceutical preparations
August 29, 2016 Via email: John Slebir General Counsel VIVUS, Inc.
Vivus Inc • November 9th, 2016 • Pharmaceutical preparations
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