0001104659-13-038954 Sample Contracts

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 • May 8th, 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.

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MASTER SERVICES AGREEMENT Between Medpace Inc. an Ohio Corporation Cincinnati, Ohio 45212 (“MEDPACE”) and VIVUS, Inc. a Delaware Corporation Mountain View, California 94040-2552 (“VIVUS”)
Master Services Agreement • May 8th, 2013 • Vivus Inc • Pharmaceutical preparations • California

This MASTER SERVICES AGREEMENT (the “Agreement”), dated as of September 12, 2007 (the “Effective Date”), is between MEDPACE and VIVUS. MEDPACE and VIVUS are sometimes referred to herein individually as a “Party” and together as the “Parties”.

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