Portions of this exhibit marked [*] are requested to be treated confidentially. LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 10th, 2011 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • Maryland
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of August 18, 2011 (the “Closing Date”) by and among MIDCAP FUNDING III, LLC, a Delaware limited liability company, with an office located at 7735 Old Georgetown Road, Suite 400, Bethesda, Maryland 20814 (“MidCap”), as administrative agent (“Agent”), the Lenders listed on Schedule 1 hereto and otherwise party hereto from time to time (each a “Lender”, and collectively the “Lenders”), and FURIEX PHARMACEUTICALS, INC., a Delaware corporation, APBI HOLDINGS, LLC, a North Carolina limited liability company, DEVELOPMENT PARTNERS, LLC, a Delaware limited liability company, and GENUPRO, INC., a North Carolina corporation (either individually or collectively as the context may require, the “Borrower”), provides the terms on which Lenders agree to lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
EMPLOYMENT AGREEMENTEmployment Agreement • May 14th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • North Carolina
THIS EMPLOYMENT AGREEMENT (the “Agreement”), is made and entered into on this 2nd day of February, 2010, to be effective on the 16th day of March, 2010 (the “Effective Date”), by and between PPD Therapeutics, Inc., a Delaware corporation (the “Company”), with its principal place of business in North Carolina and currently with a mailing address for notice purposes of 929 North Front Street, Wilmington, North Carolina 28401, Attention: Chairman of the Board, and June S. Almenoff, MD, PhD (“Employee”), an individual whose mailing address for notice purposes is 2804 Trail Wood Drive, Durham, North Carolina 27705.
Portions of this exhibit marked [*] are omitted and are requested to be treated confidentially. LICENSE AGREEMENTLicense Agreement • May 25th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • California
Portions of this exhibit marked [*] are requested to be treated confidentially. TOPO DEVELOPMENT AND LICENSE AGREEMENTDevelopment and License Agreement • May 14th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
THIS TOPO DEVELOPMENT AND LICENSE AGREEMENT (the “Agreement”), executed as of November 16, 2009 (“Effective Date”), is made by and between Janssen Pharmaceutica, N.V., a corporation organized and existing under the laws of Belgium whose principal place of business is at Turnhoutseweg 30, 2340 Beerse, Belgium (hereinafter “Janssen”) and PPD Therapeutics, Inc., a corporation organized under the laws of the State of North Carolina, having its principal place of business at 3900 Paramount Parkway, Morrisville, NC 27560 (hereinafter “PPD”). Janssen and PPD are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Portions of this exhibit marked [*] are requested to be treated confidentially. MUDELTA MASTER SERVICES AGREEMENTMaster Services Agreement • February 24th, 2010 • Furiex Pharmaceuticals, Inc. • Delaware
This MUDELTA MASTER SERVICES AGREEMENT (“Agreement”), effective as of November 16, 2009 (“Effective Date”), is by and between Janssen Pharmaceutica, N.V., a corporation organized and existing under the laws of Belgium whose principal place of business is at Turnhoutseweg 30, 2340 Beerse, Belgium (“Janssen”), and PPD Therapeutics, Inc., a Delaware corporation having an office at 3900 Paramount Parkway, Morrisville, North Carolina 27560 (“PPD”). Janssen and PPD are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Portions of this exhibit marked [*] have been granted confidential treatment. MASTER DEVELOPMENT SERVICES AGREEMENTMaster Development Services Agreement • June 18th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • North Carolina
THIS MASTER DEVELOPMENT SERVICES AGREEMENT (the “Agreement”) is made and entered into as of June 14, 2010 (the “Effective Date”) by and between PPD DEVELOPMENT, LP, a Texas limited partnership, with its principal executive offices located at 929 North Front Street, Wilmington, North Carolina 28401 (“PPD”), and FURIEX PHARMACEUTICALS, INC., a Delaware corporation with its principal executive offices located at 3900 Paramount Parkway, Suite 150, Morrisville, North Carolina 27560 (“Sponsor”).
Portions of this exhibit marked [*] are omitted and are requested to be treated confidentially. OPTION AND LICENSE AGREEMENTOption and License Agreement • May 25th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS OPTION AND LICENSE AGREEMENT (the “Agreement”) is effective as of the 15th day of December, 2006 (the “Effective Date”) by and among PHARMACO INVESTMENTS, INC., a Delaware corporation having a place of business at 3151 South Seventeenth Street, Wilmington, North Carolina 28412 (referred to hereinafter as “PII”), a wholly owned subsidiary of Pharmaceutical Product Development, Inc., a North Carolina corporation having its principal place of business at 3151 South 17th Street, Wilmington, NC 28412 (“PPD”), and RANBAXY LABORATORIES LTD., a corporation incorporated, organized and operating under the laws of India and having a place of business at Plot 90, Sector 32 Gurgaon 122001 (Haryana), India (hereinafter “RBX”). PII and RBX are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” PPD is a Party to this Agreement for the sole and limited purpose of agreeing to be bound by Section 12.19 of this Agreement.
Portions of this exhibit marked [*] are omitted and are requested to be treated confidentially. TERMINATION AND LICENSE AGREEMENTTermination and License Agreement • February 24th, 2010 • Furiex Pharmaceuticals, Inc. • Indiana
THIS TERMINATION AND LICENSE AGREEMENT (“Agreement”), effective as of December 18, 2003 (“Effective Date”), is made by and among Eli Lilly and Company, a corporation organized under the laws of the State of Indiana, having its principal place of business at Lilly Corporate Center, Indianapolis, Indiana, 46285 (hereinafter “Lilly”), Pharmaceutical Product Development, Inc., a corporation organized under the laws of the State of North Carolina (hereinafter “PPD”), GenuPro, Inc., a wholly-owned subsidiary of PPD, and a corporation organized under the laws of North Carolina (hereinafter “GenuPro”) and APBI Holdings, LLC, a wholly-owned subsidiary of PPD, and a limited liability company organized under the laws of North Carolina (hereinafter “APBI Holdings”). (Each party to this Agreement is hereinafter referred to as a “Party”, or collectively, the “Parties.” All references to a Party shall be deemed to include that Party’s Affiliates).
TRANSITION SERVICES AGREEMENTTransition Services Agreement • June 18th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations
This Transition Services Agreement (the “Agreement”) is entered into as of the 14th day of June, 2010, by and between Pharmaceutical Product Development, Inc., a North Carolina corporation (“PPD”), and Furiex Pharmaceuticals, Inc., a Delaware corporation (“Furiex”).
Portions of this exhibit marked [*] are requested to be treated confidentially. AGREEMENTConfidentiality Agreement • May 27th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS AGREEMENT (“Agreement”) is entered into as of July 13, 2005 between Takeda San Diego, Inc., a Delaware corporation having its principal place of business at 10410 Science Center Drive, San Diego, CA 92121, (formerly known as Syrrx, Inc.) (“TSD”), TAKEDA PHARMACEUTICAL COMPANY LIMITED, a corporation organized under the laws of Japan, having its principal place of business at 1-1 Doshomachi 4-chome, Chuo-ku, Osaka, Japan (hereinafter “TPC”), Development Partners, LLC, a Delaware limited liability company having its principal place of business at 3151 South 17th Street, Wilmington, NC 28412 (“PPD”), and Pharmaceutical Product Development, Inc., a North Carolina corporation having its principal place of business at 3151 South 17th Street, Wilmington, NC 28412 (“PPD, Inc.”). TSD, TPC, and PPD and PPD, Inc. are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
CONSULTING AGREEMENTConsulting Agreement • May 25th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • North Carolina
This CONSULTING AGREEMENT (the “Agreement”) is made and entered into this day of , 2010, by and between Furiex Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Fredric N. Eshelman (“Consultant”).
SUBLEASE AGREEMENTSublease Agreement • June 18th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations
THIS SUBLEASE AGREEMENT (“Sublease”) made and entered into this 14th day of June, 2010, by and between PPD DEVELOPMENT, LP, a Texas limited partnership (“Sublessor”) and Furiex Pharmaceuticals, Inc., a Delaware corporation (“Sublessee”).
EMPLOYEE MATTERS AGREEMENT by and between PHARMACEUTICAL PRODUCT DEVELOPMENT, INC. and FURIEX PHARMACEUTICALS, INC. Dated as of June 14, 2010 EMPLOYEE MATTERS AGREEMENTEmployee Matters Agreement • June 18th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • North Carolina
EMPLOYEE MATTERS AGREEMENT (this “Agreement”), dated as of June 14, 2010, by and between Pharmaceutical Product Development, Inc., a North Carolina corporation (“PPD”), and Furiex Pharmaceuticals, Inc., a Delaware corporation (“Furiex”). Each of PPD and Furiex is herein referred to as a “Party” and collectively, as the “Parties”.
SEPARATION AND DISTRIBUTION AGREEMENT by and between PHARMACEUTICAL PRODUCT DEVELOPMENT, INC. and FURIEX PHARMACEUTICALS, INC. Dated as of June 14, 2010Separation and Distribution Agreement • June 18th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • North Carolina
THIS SEPARATION AND DISTRIBUTION AGREEMENT (including all Exhibit and Schedules hereto, the “Agreement”), dated as of June 14, 2010, is entered into by and between Pharmaceutical Product Development, Inc., a North Carolina corporation (“PPD”), and Furiex Pharmaceuticals, Inc., a Delaware corporation (“Furiex”) (each a “Party” and collectively, the “Parties”). Capitalized terms used herein and not otherwise defined shall have the respective meanings assigned to them in Article I hereof.
Portions of this exhibit marked [*] are requested to be treated confidentially. EXCLUSIVE LICENSE AGREEMENT between MAGEN BIOSCIENCES, INC. and ELI LILLY AND COMPANY NOVEMBER 28, 2007Exclusive License Agreement • May 14th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS EXCLUSIVE LICENSE AGREEMENT (the “Agreement”) is made and entered into effective as of November 28, 2007 (the “Effective Date”), by and between MAGEN BIOSCIENCES, INC. (“Magen”), a corporation organized and existing under the laws of the State of Delaware, having its principal place of business at 790 Memorial Drive, Suite 101, Cambridge, MA 02139, and ELI LILLY AND COMPANY (“Lilly”), a corporation organized and existing under the laws of the State of Indiana, having its principal place of business at Lilly Corporate Center, Indianapolis, Indiana 46285. Magen and Lilly may be referred to herein individually as a “Party” and collectively as “Parties.”
TAX SHARING AGREEMENTTax Sharing Agreement • June 18th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • North Carolina
This Tax Sharing Agreement (this “Agreement”) is entered into as of June 14, 2010 between Pharmaceutical Product Development, Inc., a North Carolina corporation (“PPD”), and Furiex Pharmaceuticals, Inc., a Delaware corporation that currently is wholly owned subsidiary of PPD (“Furiex” each of PPD and Furiex is a “Party” and, together are the “Parties”. Terms used in this Agreement and not otherwise defined herein shall have the meanings ascribed to such terms in the Separation and Distribution Agreement, dated as of the date hereof, by and between PPD and Furiex (the “Separation Agreement”).
Portions of this exhibit marked [*] are requested to be treated confidentially. MUDELTA DEVELOPMENT AND LICENSE AGREEMENTMudelta Development and License Agreement • May 14th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
THIS MUDELTA DEVELOPMENT AND LICENSE AGREEMENT (the “Agreement”), executed as of November 16, 2009 (“Effective Date”), is made by and between Janssen Pharmaceutica, N.V., a corporation organized and existing under the laws of Belgium whose principal place of business is at Turnhoutseweg 30, 2340 Beerse, Belgium (hereinafter “Janssen”) and PPD Therapeutics, Inc., a corporation organized under the laws of the State of North Carolina, having its principal place of business at 3900 Paramount Parkway, Morrisville, NC 27560 (hereinafter “PPD”). Janssen and PPD are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
SEVERANCE AGREEMENTSeverance Agreement • February 24th, 2010 • Furiex Pharmaceuticals, Inc. • North Carolina
THIS SEVERANCE AGREEMENT (the “Agreement”), made as of the day of , 2010 by and between PPD Therapeutics, Inc., a Delaware corporation with its principal place of business in North Carolina and its subsidiaries and affiliates (collectively, the “Company”) and (“Employee”).
FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • October 28th, 2013 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • North Carolina
THIS FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), is made and entered into on this 28th day of October, 2013 (the “Effective Date”), by and between Furiex Pharmaceuticals, Inc., a Delaware corporation (the “Company”), with its principal place of business in North Carolina and currently with a mailing address for notice purposes of 3900 Paramount Parkway, Suite 150, Morrisville, NC 27560,
ContractSubordination Agreement • October 4th, 2013 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • North Carolina
This instrument or other agreement and the indebtedness, rights and obligations evidenced hereby and any liens or other security interests securing such rights and obligations are subordinate in the manner and to the extent set forth in that certain Subordination and Intercreditor Agreement (as amended, restated, supplemented or modified from time to time, the “Subordination and Intercreditor Agreement”), dated as of September 30, 2013, by and among the Subordinated Lender identified therein and MidCap Funding III, LLC, in its capacity as agent (together with its successors and assigns, “Agent”) for the Senior Lenders (as defined in the Subordination and Intercreditor Agreement), to certain indebtedness, rights and obligations of FURIEX PHARMACEUTICALS, INC., APBI HOLDINGS, LLC, DEVELOPMENT PARTNERS, LLC and GENUPRO, INC., to Agent and the Senior Lenders, and all liens and security interests of Agent securing the same, all as described in the Subordination and Intercreditor Agreement,
Portions of this exhibit marked [*] are requested to be treated confidentially. AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 6th, 2012 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • Maryland
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of August 2, 2012 (the “Restatement Date”) by and among MIDCAP FUNDING III, LLC, a Delaware limited liability company, with an office located at 7255 Woodmont Avenue, Suite 200, Bethesda, Maryland 20814 (“MidCap”), as administrative agent (“Agent”), the Lenders listed on Schedule 1 hereto and otherwise party hereto from time to time (each a “Lender”, and collectively the “Lenders”), and FURIEX PHARMACEUTICALS, INC., a Delaware corporation, APBI HOLDINGS, LLC, a North Carolina limited liability company, DEVELOPMENT PARTNERS, LLC, a Delaware limited liability company, and GENUPRO, INC., a North Carolina corporation (either individually or collectively as the context may require, the “Borrower”), provides the terms on which Lenders agree to lend to Borrower and Borrower shall repay Lenders.
JOINDER TO REVENUE RIGHTS PURCHASE AGREEMENTJoinder to Revenue Rights Purchase Agreement • July 3rd, 2014 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations
This JOINDER TO THE REVENUE RIGHTS PURCHASE AGREEMENT, dated as of July 2, 2014 (the “Joinder”), is made and entered into by Furiex Pharmaceuticals, Inc. (“Furiex”), GenuPro, LLC (“GenuPro”), Development Partners, LLC (“Development Partners”) and APBI Holdings, LLC (“APBI” and together with Furiex, GenuPro and Development Partners, the “Transferors”).
PRILIGY LICENSE AGREEMENT This License Agreement (hereinafter referred to as the “Agreement”) made and entered into as of this May 14, 2012. by and between GENUPRO, INC. a corporation organized under the laws of the State of North Carolina having its...License Agreement • August 7th, 2012 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • England
WHEREAS, LICENSOR and its Affiliates own or have licensed certain intellectual property related to the Product (as defined herein below),
Portions of this exhibit marked [*] are requested to be treated confidentially. COLLABORATION AND LICENSE OPTION AGREEMENTCollaboration and License Option Agreement • April 8th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • Indiana
This Collaboration and License Option Agreement (“Agreement”) is effective as of February 10, 2009 (“Effective Date”). The parties to this Agreement are Eli Lilly and Company having its principal offices at Lilly Corporate Center, Indianapolis, IN 46285 (“Lilly”), and Magen BioSciences, Inc., having its principal offices at 100 Beaver St., Suite 101, Waltham, MA 02453 (“Magen”). Lilly and Magen may be referred to herein individually as a “Party”, and collectively as the “Parties”.
SECURED PROMISSORY NOTESecured Promissory Note • November 10th, 2011 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations
This Promissory Note is executed and delivered in connection with that certain Loan and Security Agreement of even date herewith by and among Borrower, MidCap Funding III, LLC, as agent for Lenders, and Lender, and the other lenders named therein from time to time (as the same may from time to time be amended, modified, restated or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note, and upon any such Event of Default, all principal and interest and other obligations owing un
Portions of this exhibit marked [*] are requested to be treated confidentially. TOPO DEVELOPMENT AND LICENSE AGREEMENTTopo Development and License Agreement • February 24th, 2010 • Furiex Pharmaceuticals, Inc. • Delaware
THIS TOPO DEVELOPMENT AND LICENSE AGREEMENT (the “Agreement”), executed as of November 16, 2009 (“Effective Date”), is made by and between Janssen Pharmaceutica, N.V., a corporation organized and existing under the laws of Belgium whose principal place of business is at Turnhoutseweg 30, 2340 Beerse, Belgium (hereinafter “Janssen”) and PPD Therapeutics, Inc., a corporation organized under the laws of the State of North Carolina, having its principal place of business at 3900 Paramount Parkway, Morrisville, NC 27560 (hereinafter “PPD”). Janssen and PPD are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENTOmnibus Amendment and Reaffirmation Agreement • November 6th, 2012 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • Maryland
THIS OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT (this “Reaffirmation Agreement”) is entered into as of August 2, 2012, (the “Restatement Effective Date”) by and among FURIEX PHARMACEUTICALS, INC., a Delaware corporation, APBI HOLDINGS, LLC, a North Carolina limited liability company, DEVELOPMENT PARTNERS, LLC, a Delaware limited liability company, and GENUPRO, INC., a North Carolina corporation (either individually or collectively as the context may require, the “Borrower”), and MIDCAP FUNDING III, LLC, a Delaware limited liability company (“MidCap”), in its capacity as administrative agent (the “Agent”) for the Lenders (as defined in the Amended and Restated Loan and Security Agreement).
SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • October 4th, 2013 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • Maryland
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of this 30th day of September, 2013, by and among FREDRIC NEVILLE ESHELMAN REVOCABLE TRUST u/a dated July 13, 1988, as amended and/or restated (“Subordinated Lender”), FURIEX PHARMACEUTICALS, INC., a Delaware corporation, APBI HOLDINGS, LLC, a North Carolina limited liability company, DEVELOPMENT PARTNERS, LLC, a Delaware limited liability company, and GENUPRO, INC., a North Carolina corporation (either individually or collectively as the context may require, the “Borrower”), and MIDCAP FUNDING III, LLC, a Delaware limited liability company, as Agent (acting in such capacity, “Agent”) for the financial institutions or other entities from time to time parties to the Senior Loan Agreement (as hereinafter defined), and as a Lender, or such then present holder or holders of the Senior Loan (as hereinafter defined) as may from time to time exist (the “Lenders,” and collectively with the Agent, the “Senior L
RESIGNATION AND TRANSITION AGREEMENTResignation and Transition Agreement • October 28th, 2013 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • North Carolina
This Resignation and Transition Agreement (“Agreement”) is entered by and between Marshall Woodworth (“Woodworth”) and Furiex Pharmaceuticals (“Furiex” or the “Company”). Woodworth and the Company may be individually referred to as a “Party” and collective as the “Parties.” In consideration of the mutual promises and covenants contained herein, the Parties hereto agree as follows:
SECOND OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENTSecond Omnibus Amendment and Reaffirmation Agreement • October 4th, 2013 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • Maryland
THIS SECOND OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT (this “Reaffirmation Agreement”) is entered into as of September 30, 2013, (the “Second Restatement Date”) by and among FURIEX PHARMACEUTICALS, INC., a Delaware corporation, APBI HOLDINGS, LLC, a North Carolina limited liability company, DEVELOPMENT PARTNERS, LLC, a Delaware limited liability company, and GENUPRO, INC., a North Carolina corporation (either individually or collectively as the context may require, the “Borrower”), and MIDCAP FUNDING III, LLC, a Delaware limited liability company (“MidCap”), in its capacity as administrative agent (the “Agent”) for the Lenders (as defined in the Second Amended and Restated Loan and Security Agreement).
PLEDGE AGREEMENTPledge Agreement • November 10th, 2011 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations
THIS PLEDGE AGREEMENT (this “Agreement”) is made as of August , 2011, by and between FURIEX PHARMACEUTICALS, INC., a Delaware corporation, APBI HOLDINGS, LLC, a North Carolina limited liability company, DEVELOPMENT PARTNERS, LLC, a Delaware limited liability company, and GENUPRO, INC., a North Carolina corporation (either individually or collectively as the context may require, the “Pledgor”), and MIDCAP FUNDING III, LLC, a Delaware limited liability company, as agent (in such capacity, together with its successors and assigns, “Agent”) for itself and the other Lenders (as defined herein).
CONSULTING AGREEMENTConsulting Agreement • June 18th, 2010 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • North Carolina
This CONSULTING AGREEMENT (the “Agreement”) is made and entered into this 14th day of June, 2010, by and among Furiex Pharmaceuticals, Inc., a Delaware corporation (the “Company”), Elk Mountain Consulting, LLC, a Wyoming limited liability company (the “Consultant”), and as to Sections 5 and 6 of the Agreement only, Fredric N. Eshelman (“Dr. Eshelman”).
Portions of this exhibit marked [*] are requested to be treated confidentially. CONFIDENTIAL LICENSE AND ASSET TRANSFER AGREEMENT BY AND BETWEEN ALZA CORPORATION AND JANSSEN PHARMACEUTICA, NV AND FURIEX PHARMACEUTICALS, INC., AND GENUPRO, INC. (A...License and Asset Transfer Agreement • August 7th, 2012 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This License and Asset Transfer Agreement (the “Agreement”), by and between ALZA CORPORATION, a company incorporated in the State of Delaware and having offices at 700 Eubanks Drive, Vacaville, California 95688 and JANSSEN PHARMACEUTICA NV, a corporation organised under the laws of the Kingdom of Belgium and having its principal place of business at Turnhoutseweg 30, B-2340 Beerse, Belgium (“JANSSEN”) (collectively “ALZA”), and FURIEX PHARMACEUTICALS, INC., a company incorporated in the State of Delaware and having its registered office at 3900 Paramount Parkway, Suite 150, Morrisville, NC 27560 (“FURIEX”) and GenuPro, Inc. (“GENUPRO”), a wholly-owned subsidiary of FURIEX organized under the laws of the State of North Carolina and having its registered office at 3900 Paramount Parkway, Suite 150, Morrisville, NC 27560, is entered into as of the date of signature by the last Party to sign below and is effective upon the satisfaction of the conditions set forth in Section 2 below (the “E
PLEDGE AGREEMENTSubordination and Intercreditor Agreement • October 4th, 2013 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations
THIS PLEDGE AGREEMENT (this “Agreement”) is made as of September 30, 2013, by and between FURIEX PHARMACEUTICALS, INC., a Delaware corporation, APBI Holdings, LLC, a North Carolina limited liability company, Development Partners, LLC, a Delaware limited liability company, and Genupro, Inc., a North Carolina corporation (either individually or collectively as the context may require, the “Pledgor”), and FREDRIC Neville Eshelman, Trustee of the Fredric Neville Eshelman Revocable Trust u/a dated July 13, 1988, as amended and/or restated (together with its successors and assigns, the “Lender”).
