ESCROW AGREEMENTEscrow Agreement • September 25th, 2006 • Lichter Jay • Blank checks • New York
This Escrow Agreement (this “Agreement”) is made and entered into as of July 5, 2006, by and among Sirion Therapeutics, Inc., a North Carolina corporation (“Sirion”), Kenneth J. Widder, M.D., as the representative (the “Sytera Stockholders’ Representative”) of the holders of certain securities of Sytera, Inc., a Delaware corporation (“Sytera”), Barry Butler, as the representative (the “Sirion Shareholders’ Representative”) of the holders of certain securities of Sirion, and The Bank of New York, a New York banking institution, as escrow agent (the “Escrow Agent”). Capitalized terms used and not otherwise defined in this Agreement shall have the meanings given to them in the Merger Agreement (as defined below).
JOINT FILING AGREEMENTJoint Filing Agreement • September 25th, 2006 • Lichter Jay • Blank checks
This agreement may be executed simultaneously in any number of counterparts, all of which together shall constitute one and the same instrument.
