0001558370-18-006576 Sample Contracts

CHANGE OF CONTROL AND SEVERANCE AGREEMENT
Separation Agreement and Release • August 7th, 2018 • Vivus Inc • Pharmaceutical preparations • California

This Third Amended and Restated Change of Control and Severance Agreement (the “Agreement”) is made and entered into effective as of _________, 2018, by and between _________ (the “Employee”) and VIVUS, Inc., a Delaware corporation (the “Company”). The Agreement amends, restates and replaces the Second Amended and Restated Change in Control and Severance Agreement previously entered into between Employee and the Company, which was dated _________, _____ (the “Prior Agreement”).

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PURCHASE AGREEMENT dated April 30, 2018 among VIVUS, INC. and THE PURCHASERS NAMED HEREIN 10.375% SENIOR SECURED NOTES DUE 2024
Purchase Agreement • August 7th, 2018 • Vivus Inc • Pharmaceutical preparations • New York

INDENTURE dated as of June 8, 2018 among VIVUS, Inc., a Delaware corporation with an address at 900 East Hamilton Avenue, Suite 550, Campbell, California 95008 (the “Issuer”), any Guarantor that becomes party hereto pursuant to Section 4.12, and U.S. Bank National Association, a national banking association, as trustee (as more fully defined in Section 1.01, the “Trustee”) and as collateral agent (as more fully defined in Section 1.01, the “Collateral Agent”).

ASSET PURCHASE AGREEMENT between Janssen Pharmaceuticals, Inc. and Vivus, Inc. DATED AS OF April 30, 2018
Asset Purchase Agreement • August 7th, 2018 • Vivus Inc • Pharmaceutical preparations • New York

This Asset Purchase Agreement, dated as of April 30, 2018 (the “Effective Date”), is by and between Janssen Pharmaceuticals, Inc., a Pennsylvania corporation (“Seller”), and Vivus, Inc., a Delaware corporation (“Purchaser”).

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