Exhibit 10.33 [ACUSPHERE, INC. LETTERHEAD] ACUSPHERE THIS CONSULTING AGREEMENT (the "Agreement"), made as of the 21th Day of May, 1999, is entered into by and between Acusphere, Inc., a Delaware corporation with its principal place of business at 38...Consulting Agreement • October 16th, 2001 • Acusphere Inc • Pharmaceutical preparations • Massachusetts
Exhibit 10.25 THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR ANY STATE SECURITIES LAWS. NO SALE, OFFER FOR SALE, PLEDGE, HYPOTHECATION OR DISPOSITION MAY BE EFFECTED WITHOUT (i) EFFECTIVE REGISTRATION STATEMENTS...Warrant Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • Delaware
Exhibit 10.11 THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL...Warrant Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • Massachusetts
RECITALS:Securities Purchase Agreement • October 16th, 2001 • Acusphere Inc • Pharmaceutical preparations • New York
Exhibit 10.29 THIS WARRANT AND THE SECURITIES THAT MAY BE ACQUIRED UPON EXERCISE OF THE WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. NEITHER THIS WARRANT NOR THE SECURITIES THAT MAY BE ACQUIRED UPON EXERCISE OF THIS...Warrant Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • Massachusetts
LICENSE AGREEMENT BY AND BETWEEN ACUSPHERE, INC. ANDLicense Agreement • October 16th, 2001 • Acusphere Inc • Pharmaceutical preparations • New York
CONFIDENTIAL TREATMENT REQUESTED] /*/ INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406...Termination Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • New York
EXHIBIT 10.26 EXCHANGE AGREEMENT This Exchange Agreement is made as of the 30th of June, 2000 (the "Effective Date") by and among Acusphere, Inc., a Delaware corporation ("Acusphere"), and Elan International Services, Ltd., a Bermuda exempted limited...Exchange Agreement • October 16th, 2001 • Acusphere Inc • Pharmaceutical preparations • Massachusetts
Exhibit 10.25 ACUSPHERE NEWCO, LTD. REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT (the "Agreement") is made as of June 30, 2000 by and among ACUSPHERE NEWCO, LTD., a Bermuda exempted limited liability company (the "Company"),...Registration Rights Agreement • October 16th, 2001 • Acusphere Inc • Pharmaceutical preparations • New York
Exhibit 10.04 AMENDED AND RESTATED STOCKHOLDERS' AGREEMENT THIS AGREEMENT, made as of the 24th day of January, 1994, by and among Polymers for Medicine, Inc., a Delaware corporation (the "Company"), and Robert S. Langer ("Langer"), Sherri C. Oberg...Stockholders' Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • Delaware
Exhibit 10.20 LEASE AGREEMENT THIS LEASE AGREEMENT is made this 30th day of March, 2001, between ARE-500 ARSENAL STREET, LLC, a Delaware limited liability company ("LANDLORD"), and ACUSPHERE, INC., a Delaware corporation ("TENANT"). ADDRESS: 500...Lease Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations
SUBLEASESublease • September 4th, 2001 • Acusphere Inc • Massachusetts
EXHIBIT 10.3 Amendment No. 2 to Tenth Amended and Restated Investors' Rights Agreement (the "Investors' Rights Agreement") (a) Schedule A is hereby amended so as to add Ferghana Partners Inc. as a party to the Investors' Rights Agreement as an...Investors' Rights Agreement • August 4th, 2004 • Acusphere Inc • Pharmaceutical preparations
COMMON STOCKUnderwriting Agreement • October 6th, 2003 • Acusphere Inc • Pharmaceutical preparations • New York
Exhibit 10.26 THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR ANY STATE SECURITIES LAWS. NO SALE, OFFER FOR SALE, PLEDGE, HYPOTHECATION OR DISPOSITION MAY BE EFFECTED WITHOUT (i) EFFECTIVE REGISTRATION STATEMENTS...Warrant Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • Delaware
EXHIBIT 10.30 ACUSPHERE, INC. INDEMNIFICATION AGREEMENT This Indemnification Agreement (the "Agreement") is made as of August __, 2003, by and between Acusphere, Inc., a Delaware corporation (the "Company"), and _____________ (the "Indemnitee")....Indemnification Agreement • August 6th, 2003 • Acusphere Inc • Pharmaceutical preparations • Delaware
EXECUTION COPY ACUSPHERE, INC. INDEMNIFICATION AGREEMENT This Indemnification Agreement (the "Agreement") is made as of August __, 2002, by and between Acusphere, Inc., a Delaware corporation (the "Company"), and _____________ (the "Indemnitee")....Indemnification Agreement • August 6th, 2003 • Acusphere Inc • Pharmaceutical preparations • Delaware
7,694,220 Shares and Warrants to Purchase 3,077,688 Shares ACUSPHERE, INC. Common Stock ($.01 par value) PLACEMENT AGENT AGREEMENTPlacement Agent Agreement • June 12th, 2007 • Acusphere Inc • Pharmaceutical preparations • New York
1 Exhibit 10.19 THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL...Warrant Agreement • September 4th, 2001 • Acusphere Inc • Massachusetts
EXECUTION COPY ACUSPHERE, INC. INDEMNIFICATION AGREEMENT This Indemnification Agreement (the "AGREEMENT") is made as of ___________ __, 2004, by and between Acusphere, Inc., a Delaware corporation (the "COMPANY"), and _________________ (the...Indemnification Agreement • September 15th, 2004 • Acusphere Inc • Pharmaceutical preparations • Delaware
WITNESSETH THATDevelopment and Supply Agreement • September 12th, 2003 • Acusphere Inc • Pharmaceutical preparations • Washington
ACUSPHERE, INC.Warrant Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • Delaware
RECITALSSubordinated Loan and Security Agreement • September 4th, 2001 • Acusphere Inc • Illinois
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • September 1st, 2006 • Acusphere Inc • Pharmaceutical preparations • New York
This COMMON STOCK PURCHASE AGREEMENT, made and entered into on this 31st day of August 2006 (this “Agreement”), by and between Azimuth Opportunity Ltd., an international business company incorporated under the laws of the British Virgin Islands (the “Investor”), and Acusphere, Inc., a corporation organized and existing under the laws of the State of Delaware (the “Company”).
AND ACUSPHERE, INC. ANDSubscription, Joint Development and Operating Agreement • October 16th, 2001 • Acusphere Inc • Pharmaceutical preparations • New York
Exhibit 10.12 THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL...Warrant Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • Massachusetts
NO. STOCK SUBSCRIPTION WARRANTStock Subscription Warrant • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations
Exhibit 10.13 THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL...Warrant Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • Massachusetts
Exhibit 10.42 ACUSPHERE, INC. INCENTIVE STOCK OPTION AGREEMENT Acusphere, Inc., a Delaware corporation (the "Corporation"), hereby grants this 26th day of , 2001 to James R Fitzgerald, Jr. (the "Optionee"), an option to purchase a maximum of 275,000...Incentive Stock Option Agreement • October 16th, 2001 • Acusphere Inc • Pharmaceutical preparations • Delaware
Customer No. 1385 MASTER LEASE AGREEMENT Lessor: TRANSAMERICA BUSINESS CREDIT CORPORATION RIVERWAY II WEST OFFICE TOWER WEST HIGGINS ROSEMONT, ILLINOIS 60018 Co-Lessees: Collectively and ACUSPHERE, INC. individually UNIVERSITY PARK @ MIT referred to...Master Lease Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • Illinois
Exhibit 10.09 THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL...Warrant Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • Massachusetts
EXECUTION COPY ACUSPHERE, INC. INDEMNIFICATION AGREEMENT This Indemnification Agreement (the "Agreement") is made as of August __, 2002, by and between Acusphere, Inc., a Delaware corporation (the "Company"), and _____________ (the "Indemnitee")....Indemnification Agreement • July 1st, 2003 • Acusphere Inc • Pharmaceutical preparations • Delaware
April 30, 1996 Acusphere, Inc. 38 Sidney Street Cambridge, MA 02139 Dear Ladies and Gentlemen: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of the undersigned stockholders of Acusphere, Inc.,...Investor Rights Agreement • September 4th, 2001 • Acusphere Inc
Exhibit 10.34 MASTER SECURITY AGREEMENT dated as of April 16, 2004 ("AGREEMENT") THIS AGREEMENT is between GENERAL ELECTRIC CAPITAL CORPORATION (together with its successors and assigns, if any, "SECURED PARTY") and ACUSPHERE, INC. ("DEBTOR"). Secured...Master Security Agreement • September 15th, 2004 • Acusphere Inc • Pharmaceutical preparations
CONFIDENTIAL COLLABORATION, LICENSE AND SUPPLY AGREEMENTCollaboration, License and Supply Agreement • November 3rd, 2004 • Acusphere Inc • Pharmaceutical preparations • Massachusetts
