Certain confidential information contained in this document, marked with three asterisks, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended....Purchase and Sale Agreement • March 26th, 2013 • Vivus Inc • Pharmaceutical preparations • New York
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered into as of March 25, 2013 (the “Effective Date”), by and between VIVUS, INC., a Delaware corporation, and its permitted successors and assigns (“Seller”), and BIOPHARMA SECURED INVESTMENTS III HOLDINGS CAYMAN LP, a Cayman Islands exempted limited partnership, and its permitted successors and assigns (“Purchaser”). Purchaser and Seller are sometimes referred to individually as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined will have the respective meanings given to such terms in Annex A attached hereto.
