AMENDED AND RESTATED OPTION AND PUT AGREEMENTOption 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”).
FIRST AMENDMENT TO FUNDING AND ROYALTY AGREEMENTNote Purchase Agreement • March 19th, 2009 • Vivus Inc • Pharmaceutical preparations • Delaware
THIS FIRST AMENDMENT TO FUNDING AND ROYALTY AGREEMENT (this “Amendment”), dated as of March 16, 2009, is made by and between Deerfield ED Corporation, a Delaware corporation (“ED”) and VIVUS, Inc., a Delaware corporation (“VIVUS”).
