Option and Put Agreement Sample Contracts

AGREEMENT ---------
Option and Put Agreement • November 25th, 1998 • Boston Properties Inc • Real estate • California
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FIRST AMENDMENT TO OPTION AND PUT AGREEMENT
Option and Put Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers

THIS FIRST AMENDMENT TO OPTION AND PUT AGREEMENT ("Amendment") dated as of June 1, 1994, is by and among THE NORTH AMERICAN COAL CORPORATION, a Delaware corporation hereinafter referred to as "North American Coal”, DAKOTA COAL COMPANY, a North Dakota corporation, hereinafter referred to as "Dakota"; and the STATE OF NORTH DAKOTA, doing business as the Bank of North Dakota, hereinafter referred to as "Escrow Agent".

OPTION AND PUT AGREEMENT
Option and Put Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • North Dakota

THIS OPTION AND PUT AGREEMENT ("Agreement") is made and entered into as of the 1st day of January, 1990, by and among THE NORTH AMERICAN COAL CORPORATION, a Delaware corporation, hereinafter referred to as "North American Coal"; DAKOTA COAL COMPANY, a North Dakota corporation, hereinafter referred to as "Dakota"; and the STATE OF NORTH DAKOTA, doing business as the Bank of North Dakota, hereinafter referred to as "Escrow Agent''.

AMENDED AND RESTATED OPTION AND PUT AGREEMENT
Option and Put Agreement • March 19th, 2009 • Vivus Inc • Pharmaceutical preparations • Delaware

This AMENDED AND RESTATED OPTION AND PUT AGREEMENT (this “Agreement”), dated as of March 16, 2009, is by and among VIVUS, Inc., a Delaware corporation (the “Company”), Deerfield ED Corporation, a Delaware corporation (“ED”), DEERFIELD PRIVATE DESIGN FUND LP, a Delaware limited partnership (“Design Fund”) and DEERFIELD PRIVATE DESIGN INTERNATIONAL L.P. (“International”), a British Virgin Islands limited partnership (Design Fund and International each a “Stockholder” and together the “Stockholders”) and DEERFIELD PDI FINANCING L.P., a British Virgin Islands limited partnership (“BVI Fund”).

OPTION AND PUT AGREEMENT
Option and Put Agreement • April 4th, 2008 • Vivus Inc • Pharmaceutical preparations • Delaware

This OPTION AND PUT AGREEMENT (this “Agreement”), dated as of April 3, 2008, is by and among VIVUS, Inc., a Delaware corporation (the “Company”), Deerfield ED Corporation, a Delaware corporation (“ED”), and the entities listed on Exhibit 1 hereto (each a “Stockholder” and together the “Stockholders”).

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