In the United States Bankruptcy Court for the District of Delaware (March 9th, 2010)
Upon the Debtors Motion (the Motion) for Order Authorizing Payment of (i) Retention Pay to Certain Employees (the Key Employee Retention Plan) and (ii) Chapter 11 Plan/Sale-Related Performance Pay to Senior Management (the Management Performance Plan) Pursuant to Sections 105(a) and 363 of the Bankruptcy Code; and the Court having been advised by counsel for the above-referenced Debtor that the Debtor and the Official Committee of Unsecured Creditors, by its counsel (the Committee), had entered into negotiations with the Debtor to resolve issues raised by the Committee with respect to the Management Incentive Plan and with respect to the filing of a plan and disclosure statement by the Debtor, and the Committee and the Debtor having reached an agreement for the implementation of the Management Performance Plan as set forth herein; and the Court finding that (i) it has jurisdiction over the matters raised in the Motion pursuant to 28 U.S.C. SSSS 157 and 1334;2 (ii) this is a core procee
Re: In Re Vion Pharmaceuticals, Inc., Case No. 09-14429 (CSS) Letter Agreement Regarding Global Settlement With the Committee (March 2nd, 2010)
In connection with the proposed chapter 11 plan of liquidation (the Plan), the parties have agreed to execute this letter agreement (the Letter Agreement) globally resolving the various concerns of the Official Committee of Unsecured Creditors (the Committee) in the above-captioned chapter 11 case including concerns related to the Plan, the proposed wind-down budget prepared on January 27, 2010 and amended as of February 2, 2010, and the terms of the proposed Management Incentive/Performance Plan (the MIP). Accordingly, please sign below acknowledging your consent to the terms of this Letter Agreement as more fully set forth below.
Amendment #2 to the Clinical Trial Agreement Between Vion Pharmaceuticals, Inc. And the Division of Cancer Treatment and Diagnosis, Nci Dated January 8, 2008 (March 23rd, 2009)
The purpose of this Amendment #2, effective as of the last date signed below (Effective Date), is to change certain terms of the above referenced Clinical Trials Agreement (CTA). These changes are reflected below and except for these changes and those of any previous Amendments, all other provisions of the original CTA remain in full force and effect. Two originals of this Amendment #2 are provided for execution; one is to remain with the National Cancer Institute and one is to remain with Vion Pharmaceuticals, Inc.
Amendment #1 to the Clinical Trial Agreement Between Vion Pharmaceuticals, Inc. And the Division of Cancer Treatment and Diagnosis, Nci Dated March 2, 2006 (March 23rd, 2009)
The purpose of this amendment (Amendment), effective as of the last date signed below (Effective Date), is to change certain terms of the above referenced Clinical Trials Agreement (CTA) (Agreement). These changes are reflected below and except for these changes, all other provisions remain in full force and effect. Two (2) originals of this amendment are provided for execution; one is to remain with the National Cancer Institute, and the second is to remain with Vion Pharmaceuticals.