EXHIBIT 99.5 THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. NO SALE OR DISPOSITION MAY BE EFFECTED WITHOUT (i) AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO, (ii) AN OPINION OF...Warrant Agreement • September 25th, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • Delaware
EXHIBIT 10.1 EXECUTIVE EMPLOYMENT AGREEMENT This EXECUTIVE EMPLOYMENT AGREEMENT (the "Agreement") is made as of February 10, 2003 between Lauren P. Silvernail (the "Executive"), and ISTA Pharmaceuticals, Inc., a Delaware corporation (the "Company")....Executive Employment Agreement • May 15th, 2003 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
Exhibit 10.29 TRANSITION AND RELEASE AGREEMENT This Settlement Agreement and Release ("Agreement") is made by and between ISTA Pharmaceuticals, Inc. (the "Company") and Edward H. Danse ("Employee"). WHEREAS, Employee has been terminated as the...Settlement Agreement • April 1st, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
UNDERWRITING AGREEMENTUnderwriting Agreement • July 14th, 2000 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
RECITALS:Supply Agreement • January 2nd, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances
RECITALSSecurities Purchase Agreement • January 2nd, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
EXHIBIT 99.2 ISTA PHARMACEUTICALS, INC. STAND-ALONE STOCK OPTION AGREEMENT I. NOTICE OF STOCK OPTION GRANT Kirk McMullin [address] You have been granted a Nonstatutory Stock Option to purchase Common Stock of the Company, subject to the terms and...Stock Option Agreement • February 18th, 2003 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
RECITALS:License Agreement • January 2nd, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
2- 3 (g) Waiver of Right of First Offer. Each Major Investor, hereby waives its right of first refusal under the Prior Rights Agreement, including any notice rights pertaining thereto, to purchase the shares of Series D Preferred Stock being issued...Investors Rights Agreement • April 5th, 2000 • Ista Pharmaceuticals Inc • California
ARTICLE I DEFINITIONSRegistration Rights Agreement • January 2nd, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
Exhibit 10.27 EXECUTIVE EMPLOYMENT AGREEMENT This EXECUTIVE EMPLOYMENT AGREEMENT (the "Agreement") is made as of December 21, 2001 between Vicente Anido, Jr., Ph.D. (the "Executive"), and ISTA Pharmaceuticals, Inc., a Delaware corporation (the...Executive Employment Agreement • April 1st, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
EXHIBIT 99.1 MASTER SERVICES AGREEMENT ISTA Pharmaceuticals, Inc. ("ISTA"), located at 15279 Alton Parkway #100 Irvine, California 92692 and R.P. Scherer West, Inc. doing business as SP Pharmaceuticals ("SP"), located at 4272 Balloon Park Road, N.E.,...Master Services Agreement • July 9th, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
RECITALSLicense Agreement • June 4th, 2003 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • Virginia
RECITALSNote and Warrant Purchase Agreement • May 14th, 2003 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
FIRST AMENDMENT TO LEASE (Extended Term) I. PARTIES AND DATE THIS FIRST AMENDMENT TO LEASE (this "Amendment") dated for reference purposes only as of June 27, 2001, is entered into by and between ALTON PLAZA PROPERTY, INC., a Delaware corporation...Lease Agreement • April 1st, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
ANDAsset Purchase and Sale Agreement • May 6th, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
EXHIBIT 10.33 ISTA PHARMACEUTICALS, INC. COMMON STOCK AND WARRANT PURCHASE AGREEMENT SEPTEMBER 19, 2002 TABLE OF CONTENTSCommon Stock and Warrant Purchase Agreement • May 14th, 2003 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • Delaware
ISTA PHARMACEUTICALS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • March 6th, 2006 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • Delaware
This Indemnification Agreement (“Agreement”) is made as of this ___ day of _________, _____, by and between ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and ____________________ (“Indemnitee”).
1 EXHIBIT 10.18 ISTA PHARMACEUTICALS, INC. SERIES D PREFERRED STOCK PURCHASE AGREEMENT Dated March 29, 2000 TABLE OF CONTENTSSeries D Preferred Stock Purchase Agreement • April 5th, 2000 • Ista Pharmaceuticals Inc • California
AGREEMENTResearch and Development • April 5th, 2000 • Ista Pharmaceuticals Inc • California
ANDPreferred Stock Rights Agreement • January 22nd, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
ISTA PHARMACEUTICALS, INC. AND COMPUTERSHARE TRUST COMPANY, N.A. RIGHTS AGENT PREFERRED STOCK RIGHTS AGREEMENT DATED EFFECTIVE AS OF JANUARY 12, 2012Preferred Stock Rights Agreement • January 17th, 2012 • Ista Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Preferred Stock Rights Agreement is dated effective as of January 12, 2012, between ISTA Pharmaceuticals, Inc., a Delaware corporation, and Computershare Trust Company, N.A., a federally chartered trust company.
AGREEMENT AND PLAN OF MERGER by and among BAUSCH & LOMB INCORPORATED, INGA ACQUISITION CORPORATION and ISTA PHARMACEUTICALS, INC. Dated as of March 26, 2012Merger Agreement • March 28th, 2012 • Ista Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is entered into as of March 26, 2012, by and among Bausch & Lomb Incorporated, a New York corporation (the “Parent”), Inga Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of the Parent (“Merger Sub”), and ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Company”).
Warrant to Purchase Common Stock of ISTA PHARMACEUTICALS, INC.Warrant Agreement • September 30th, 2008 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
[ ] (“[ ]”) intends to transfer Warrants (the “Warrants”) of the Company to (“ ”) without registration under the Securities Act of 1933, as amended (the “Securities Act”). In connection therewith, we have examined and relied upon the truth of representations contained in an Investor Representation Letter attached hereto and have examined such other documents and issues of law as we have deemed relevant.
PURCHASE AGREEMENTPurchase Agreement • June 27th, 2007 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
THIS PURCHASE AGREEMENT (this “Agreement”) is made as of the 26th day of June, 2007, by and between ISTA Pharmaceuticals, Inc. (the “Company”), a corporation organized under the laws of the State of Delaware, with its principal offices at 15295 Alton Parkway, Irvine, California 92618, and the purchaser whose name and address is set forth on the signature page hereof (the “Purchaser”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 30th, 2008 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 26, 2008, by and between ISTA PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and those lenders set forth on Schedule 1 to the Facility Agreement (as defined below) (individually a “Lender” and together, the “Lenders”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 22nd, 2006 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
• broker-dealers may agree with the selling securityholders to sell a specified number of such shares at a stipulated price per share;
ISTA PHARMACEUTICALS, INC. FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • April 5th, 2000 • Ista Pharmaceuticals Inc • Delaware
ALTON PLAZA SECOND AMENDMENT TO LEASE (Expansion of Premises)Lease Agreement • April 1st, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances
AGREEMENTContract Manufacturing Supply Agreement • June 4th, 2003 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • Florida
Exhibit 10.28 ISTA PHARMACEUTICALS, INC. STAND-ALONE STOCK OPTION AGREEMENT -- EARLY EXERCISE I. NOTICE OF STOCK OPTION GRANT VICENTE ANIDO, JR., PH.D. [ADDRESS] You have been granted a Nonstatutory Stock Option to purchase Common Stock of the...Stand-Alone Stock Option Agreement • April 1st, 2002 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
ISTA PHARMACEUTICALS, INC. STOCK OPTION AGREEMENT UNDER THE Type of Option (check one): ¨ Incentive ¨ NonqualifiedStock Option Agreement • August 31st, 2005 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • Delaware
This Stock Option Agreement (the “Agreement”) is entered into as of , 200 , by and between ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and (the “Optionee”) pursuant to the Company’s 2004 Performance Incentive Plan, as amended from time to time (the “Plan”). Any capitalized term not defined herein shall have the same meaning ascribed to it in the Plan.
1 CONTRACT CLINICAL RESEARCH AGREEMENT AMENDMENT # 2 -------------------------- ------------------------------------------------------Clinical Research Agreement • March 30th, 2001 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances
ISTA PHARMACEUTICALS, INC. RESTRICTED STOCK PURCHASE AGREEMENT UNDER THERestricted Stock Purchase Agreement • August 31st, 2005 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • Delaware
THIS RESTRICTED STOCK PURCHASE AGREEMENT (the “Agreement”) is entered into as of , 20 by and between (hereinafter referred to as “Purchaser”), and ISTA Pharmaceuticals, Inc., a Delaware corporation (hereinafter referred to as the “Company”), pursuant to the Company’s 2004 Performance Incentive Plan, as amended from time to time (the “Plan”). Any capitalized term not defined herein shall have the same meaning ascribed to it in the Plan.
ARTICLE I. BASIC LEASE PROVISIONS 1 ARTICLE II. PREMISES 3 SECTION 2.1. LEASED PREMISES 3 SECTION 2.2. ACCEPTANCE OF PREMISES 3 SECTION 2.3. BUILDING NAME AND ADDRESS 3 SECTION 2.4. LANDLORD’S RESPONSIBILITIES 3 ARTICLE III. TERM 4 SECTION 3.1....Lease • March 18th, 2010 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • California
THIS LEASE is made as of the 12th day of March, 2010, by and between THE IRVINE COMPANY LLC, a Delaware limited liability company hereafter called “Landlord,” and ISTA PHARMACEUTICALS, INC., a Delaware corporation, hereinafter called “Tenant.”
