COMMON STOCK (NO PAR VALUE)Underwriting Agreement • January 29th, 2003 • Atherogenics Inc • Pharmaceutical preparations • New York
To The Bank of New York Trust Company, N.A., as Trustee --------------------------------------------------- INDENTURE Dated as ofIndenture • April 6th, 2005 • Atherogenics Inc • Pharmaceutical preparations • New York
EXHIBIT 10.24 ATHEROGENICS, INC. 4-1/2% CONVERTIBLE NOTES DUE 2008 PURCHASE AGREEMENT August 13, 2003Purchase Agreement • November 14th, 2003 • Atherogenics Inc • Pharmaceutical preparations • New York
EXHIBIT 10.16 COMMON STOCK PURCHASE AGREEMENT THIS COMMON STOCK PURCHASE AGREEMENT (the "Agreement") is entered into as of June 19, 2001 by and among ATHEROGENICS, INC., a Georgia corporation ("AtheroGenics"), and the purchasers listed on Schedule I...Common Stock Purchase Agreement • June 29th, 2001 • Atherogenics Inc • Pharmaceutical preparations • Georgia
AMONGRegistration Rights Agreement • October 31st, 2003 • Atherogenics Inc • Pharmaceutical preparations • New York
EXHIBIT 10.25 SECOND LOAN MODIFICATION AGREEMENT This Second Loan Modification Agreement is entered into as of August 13, 2003, by and between ATHEROGENICS, INC. ("Borrower") whose address is 8995 Westside Parkway, Alpharetta, Georgia 30004, and...Loan Modification Agreement • March 15th, 2004 • Atherogenics Inc • Pharmaceutical preparations
WITNESSETH:Employment Agreement • March 23rd, 2001 • Atherogenics Inc • Pharmaceutical preparations • Georgia
1 EXHIBIT 10.17 {*} THE REDACTED PORTIONS INDICATED BY THIS SYMBOL ARE THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST AND HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. EXCLUSIVE LICENSE AGREEMENT THIS LICENSE AGREEMENT...Exclusive License Agreement • September 6th, 2001 • Atherogenics Inc • Pharmaceutical preparations • Georgia
CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT MARKED [****] HAVE BEEN REDACTED AND HAVE BEEN FILED SEPARATELY WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION.Transition Services Agreement • March 10th, 2006 • Atherogenics Inc • Pharmaceutical preparations • New York
1 EXHIBIT 10.12 LEASE AGREEMENT COUSINS PROPERTIES INCORPORATED, a Georgia corporation, LANDLORDLease Agreement • February 25th, 2000 • Atherogenics Inc • Georgia
EXHIBIT 10.05 SPONSORED RESEARCH AGREEMENT This Sponsored Research Agreement (the "Agreement") is made by and between EMORY UNIVERSITY, a nonprofit Georgia corporation with offices located at 1784 North Decatur Road, Suite 510, Atlanta, Georgia 30322...Sponsored Research Agreement • July 13th, 2000 • Atherogenics Inc • Pharmaceutical preparations • Georgia
EXHIBIT 10.27 NEGATIVE PLEDGE AGREEMENT This Negative Pledge Agreement is made as of December 29, 2003, by and between ATHEROGENICS, INC. ("Borrower") and SILICON VALLEY BANK ("Bank"). In connection with, among other documents, the Loan and Security...Negative Pledge Agreement • March 15th, 2004 • Atherogenics Inc • Pharmaceutical preparations
REGISTRATION RIGHTS AGREEMENT among ATHEROGENICS, INC. as Issuer, and MORGAN STANLEY & CO. INCORPORATED, LEHMAN BROTHERS INC. LAZARD FRÈRES & CO. LLC as Initial Purchasers Dated as of January 12, 2005Registration Rights Agreement • January 13th, 2005 • Atherogenics Inc • Pharmaceutical preparations • New York
REGISTRATION RIGHTS AGREEMENT dated as of January 12, 2005 between AtheroGenics, Inc., a Georgia corporation (the “Company”), and Morgan Stanley & Co. Incorporated, Lehman Brothers Inc., J.P. Morgan Securities Inc. and Lazard Frères & Co. LLC (the “Initial Purchasers”) pursuant to the Purchase Agreement dated January 6, 2005 (the “Purchase Agreement”) between the Company and the Initial Purchasers. In order to induce the Initial Purchasers to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement.
October 3, 2002 Mitchell Glass, M.D. 902 N. Broom Street Wilmington, Delaware 19806 RE: Separation and Consulting Agreement and General Release Dear Mitchell: This Agreement (the "Agreement") memorializes our understanding regarding your separation...Separation and Consulting Agreement • November 14th, 2002 • Atherogenics Inc • Pharmaceutical preparations • Georgia
WITNESSETH:Patent Purchase Agreement • July 13th, 2000 • Atherogenics Inc • Pharmaceutical preparations • Georgia
EXHIBIT 10.35 CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT MARKED [****] HAVE BEEN REDACTED AND HAVE BEEN FILED SEPARATELY WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION LICENSE AND COLLABORATION AGREEMENTLicense and Collaboration Agreement • March 10th, 2006 • Atherogenics Inc • Pharmaceutical preparations • New York
BETWEENLicense Agreement • July 13th, 2000 • Atherogenics Inc • Pharmaceutical preparations • Georgia
EMPLOYMENT AGREEMENTEmployment Agreement • September 29th, 2006 • Atherogenics Inc • Pharmaceutical preparations • Georgia
THIS AGREEMENT ("Agreement"), dated September 25, 2006 (the "Effective Date"), is made and entered into by and between AtheroGenics, Inc., a Georgia corporation (hereinafter called the "Employer"), and W. Charles Montgomery, Ph.D., a resident of the State of Georgia (hereinafter the "Executive").
EXHIBIT 10.21 PROMISSORY NOTE AND STOCK PLEDGE AGREEMENTPromissory Note and Stock Pledge Agreement • August 13th, 2002 • Atherogenics Inc • Pharmaceutical preparations • Georgia
EXHIBIT 10.20(b) EQUIPMENT TERM NOTEEquipment Term Note • May 13th, 2002 • Atherogenics Inc • Pharmaceutical preparations
INDEMNIFICATION AGREEMENTIndemnification Agreement • July 6th, 2006 • Atherogenics Inc • Pharmaceutical preparations • Georgia
THIS AGREEMENT (the “Agreement”) is made and entered into as of this ____ day of __________, 2006, by and between ATHEROGENICS, INC., a Georgia corporation (the “Company”), and ________________________ (“Indemnitee”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in Section 16.
AMENDED EMPLOYMENT AGREEMENTEmployment Agreement • March 3rd, 2008 • Atherogenics Inc • Pharmaceutical preparations • Georgia
THIS AGREEMENT (“Agreement”) amends and restates the Employment Agreement dated September 25, 2006 (the “Effective Date”), as amended, and is made and entered into by and between AtheroGenics, Inc., a Georgia corporation (hereinafter called the “Employer”), and Mark P. Colonnese, a resident of the State of Georgia (hereinafter the “Executive”).
EXHIBIT 10.13 MASTER EQUIPMENT LEASE NO. 053-9997 Under this Master Equipment Lease No. 053-9997 (the "Lease"), dated as of November 1, 1995, Phoenix Leasing Incorporated, a California corporation ("Lessor"), hereby leases to AtheroGenics, Inc., a...Master Equipment Lease • February 25th, 2000 • Atherogenics Inc • California
EXHIBIT 10.02 [ATHEROGENICS, INC. LOGO] 2004 EQUITY OWNERSHIP PLAN EQUITY OWNERSHIP AGREEMENTEquity Ownership Agreement • March 10th, 2006 • Atherogenics Inc • Pharmaceutical preparations
EXHIBIT 10.17 {*} THE REDACTED PORTIONS INDICATED BY THIS SYMBOL ARE THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST AND HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. EXCLUSIVE LICENSE AGREEMENT THIS LICENSE AGREEMENT...Exclusive License Agreement • July 23rd, 2001 • Atherogenics Inc • Pharmaceutical preparations • Georgia
ANDCo-Promotion Agreement • March 10th, 2006 • Atherogenics Inc • Pharmaceutical preparations • New York
First Amendment to the License Agreement Between Emory University and AtheroGenicsLicense Agreement • November 2nd, 2005 • Atherogenics Inc • Pharmaceutical preparations
This First Amendment (the “First Amendment”) having an effective date of August 3, 2005 amends the License Agreement between Emory University (“Emory”) and AtheroGenics Inc. (“AtheroGenics”) with an effective date of January 11, 1995, attached hereto as Attachment 1.
CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN FILED SEPARATELY WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION ATHEROGENICS, INC., a Georgia corporation (“AGIX”) and ISP PHARMA SYSTEMS LLC,...Manufacturing Agreement • May 9th, 2008 • Atherogenics Inc • Pharmaceutical preparations • Delaware
ASSET PURCHASE AGREEMENT BY AND BETWEEN CRABTREE ACQUISITION CO, LLC, ATHEROGENICS, INC. AND KING & SPALDING LLP MARCH 17, 2009Asset Purchase Agreement • March 18th, 2009 • Atherogenics Inc • Pharmaceutical preparations • Georgia
THIS ASSET PURCHASE AGREEMENT dated as of March 16, 2009 (this “Agreement”) is entered into by and between Crabtree Acquisition Co, LLC, a Delaware limited liability company (“Purchaser”), AtheroGenics, Inc., a Georgia corporation (“Seller”), and solely for the purposes of Section 2.7, King & Spalding LLP, a Georgia limited liability partnership (“Seller's Counsel”). Purchaser and Seller are sometimes individually referred to in this Agreement as a “Party” and collectively as the “Parties.”
AGREEMENTMaster Rights Agreement • February 25th, 2000 • Atherogenics Inc • Georgia
EXHIBIT 10.19 PROMISSORY NOTE AND STOCK PLEDGE AGREEMENTPromissory Note and Stock Pledge Agreement • March 29th, 2002 • Atherogenics Inc • Pharmaceutical preparations • Georgia
LOAN AND SECURITY AGREEMENT by and between ATHEROGENICS, INC., as Borrower and SILICON VALLEY BANK, as Bank MARCH 6, 2002Loan and Security Agreement • May 13th, 2002 • Atherogenics Inc • Pharmaceutical preparations • Georgia
EXHIBIT 10.34 CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN FILED SEPARATELY WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION COMMERCIAL SUPPLY AGREEMENTCommercial Supply Agreement • March 10th, 2006 • Atherogenics Inc • Pharmaceutical preparations • Michigan
WITNESSETH:Exclusive License Agreement • March 6th, 2000 • Atherogenics Inc • Pharmaceutical preparations
July 20, 2005Transition Agreement • July 22nd, 2005 • Atherogenics Inc • Pharmaceutical preparations
This letter memorializes our discussions regarding your voluntary retirement from AtheroGenics, Inc. (the "Company") and the transition services that you have agreed to provide in order to ensure a smooth transition. AtheroGenics is entering into this Transition Agreement (“Agreement”), in part, in recognition of the valuable services you have provided to the Company over the last several years.
