FORM OF STOCK OPTION AGREEMENT AGREEMENT made as of the 13th day of August, 1996, by and between NeoPharm, Inc., a Delaware corporation (the "Company")and ("Grantee"); -------------------------------- WITNESSETH:Stock Option Agreement • March 31st, 1997 • Neopharm Inc • Services-commercial physical & biological research • Delaware
EXHIBIT 4.01Rights Agreement • November 17th, 2004 • Neopharm Inc • Biological products, (no disgnostic substances) • Delaware
Exhibit 10.01 DIRECTOR AND EXECUTIVE OFFICER INDEMNIFICATION AGREEMENT AGREEMENT, effective as of September ___, 2004, between NeoPharm, Inc., a Delaware corporation (the "Company"), and _______________ (the "Indemnitee"). WHEREAS, it is essential to...Indemnification Agreement • September 30th, 2004 • Neopharm Inc • Biological products, (no disgnostic substances) • Delaware
AMENDMENT NO. 1 TO AGREEMENT DATED JULY, 1990Agreement • March 31st, 1999 • Neopharm Inc • Services-commercial physical & biological research
EXHIBIT 10.03Separation Agreement • November 17th, 2004 • Neopharm Inc • Biological products, (no disgnostic substances) • Delaware
Exhibit 2 FIRST AMENDMENT TO RIGHTS AGREEMENT This FIRST AMENDMENT TO RIGHTS AGREEMENT (this "Amendment"), adopted by the board of directors of NeoPharm, Inc., a Delaware corporation (the "Company"), on September 20, 2004 and dated as of September 20,...Rights Agreement • September 24th, 2004 • Neopharm Inc • Biological products, (no disgnostic substances) • Delaware
WITNESSETH:Employment Agreement • March 31st, 1999 • Neopharm Inc • Services-commercial physical & biological research • Illinois
EXHIBIT 10.2Stock Purchase Agreement • June 17th, 1999 • Neopharm Inc • Services-commercial physical & biological research • Illinois
WITNESSETH:Employment Agreement • March 31st, 1998 • Neopharm Inc • Services-commercial physical & biological research • Illinois
EXHIBIT 10.1License Agreement • June 17th, 1999 • Neopharm Inc • Services-commercial physical & biological research • New York
PROMISSORY NOTEPromissory Note • April 11th, 2002 • Neopharm Inc • Biological products, (no disgnostic substances)
Exhibit 10.15 COLLABORATION AGREEMENT THIS COLLABORATION AGREEMENT is dated and is effective as of the twelfth (12th) day of May 1997, BY AND BETWEEN: BIOCHEM THERAPEUTIC INC., a corporation incorporated under the laws of Canada, with its principal...Collaboration Agreement • March 31st, 1999 • Neopharm Inc • Services-commercial physical & biological research • New York
COVER PAGEPatent License Agreement • May 17th, 1999 • Neopharm Inc • Services-commercial physical & biological research • District of Columbia
AMENDMENT NO. 1 TO AGREEMENT DATED APRIL 18, 1994Amendment to Agreement • March 31st, 1999 • Neopharm Inc • Services-commercial physical & biological research
EXHIBIT 10.01 CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (this "Agreement") is made and entered into as of the 12th day of November, 2001, by and between NeoPharm, Inc., a Delaware corporation (the "Company"), and Unicorn Pharma Consulting, Inc.,...Consulting Agreement • April 11th, 2002 • Neopharm Inc • Biological products, (no disgnostic substances) • Illinois
CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (this "Agreement") is made and entered into as of the 19th day of June, 2000, by and between NeoPharm, Inc., a Delaware corporation (the "Company"), and Unicorn Pharma Consulting, Inc., a North Carolina...Consulting Agreement • August 14th, 2000 • Neopharm Inc • Services-commercial physical & biological research • Illinois
NEOPHARM, INC. and COMPUTERSHARE INVESTOR SERVICES LLC PREFERRED STOCK RIGHTS AGREEMENT Dated as of June 30, 2003Preferred Stock Rights Agreement • July 7th, 2003 • Neopharm Inc • Biological products, (no disgnostic substances) • Delaware
This Preferred Stock Rights Agreement is dated as of June 30, 2003, between NeoPharm, Inc., a Delaware corporation (the "Company"), and Computershare Investor Services LLC (the "Rights Agent").
PUBLIC HEALTH SERVICE COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT This Cooperative Research and Development Agreement, hereinafter referred to as the "CRADA," consists of this Cover Page, an attached Agreement, and various Appendices referenced in...Cooperative Research and Development Agreement • August 13th, 1999 • Neopharm Inc • Services-commercial physical & biological research • District of Columbia
NeoPharm, Inc. 3,000,000 Shares (1) Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 6th, 2000 • Neopharm Inc • Services-commercial physical & biological research • New York
NEOPHARM, INC. 3,500,000 Shares Common Stock ($0.0002145 par value per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • January 5th, 2006 • Neopharm Inc • Biological products, (no disgnostic substances) • New York
The Firm has reviewed the Prospectus dated December 17, 2003 and those portions of (a) the January , 2006, Prospectus Supplement to Prospectus dated December 17, 2003, (b) Annual Report on Form 10-K, of NeoPharm, Inc. for the fiscal year ended December 31, 2004, and (c) Form S-3 Registration Statement, entitled “Our inability to adequately protect our proprietary technologies could harm our competitive position and have a material adverse effect on our business,” “We may be sued for infringing on the intellectual property rights of others,” “We depend on intellectual property rights licensed from third parties. If we fail to meet our obligations under license agreements, we may lose our rights to key technologies on which our business depends,” and “We may in the future be a party to patent litigation, which could be expensive and divert our management’s attention,” which are titles being listed under the section titled “Risk Factors.” and a section in the Company’s Form 10-K entitled
NEOPHARM, INC. 3,750,000 Shares Common Stock ($0.0002145 par value per Share) Underwriting AgreementUnderwriting Agreement • January 22nd, 2004 • Neopharm Inc • Biological products, (no disgnostic substances) • New York
NeoPharm, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the underwriters named in Schedule A annexed hereto (the “Underwriters”), for whom you are acting as representatives, an aggregate of 3,750,000 shares (the “Firm Shares”) of common stock, $0.0002145 par value per share (the “Common Stock”), of the Company. In addition, solely for the purpose of covering over-allotments, the Company proposes to grant to the Underwriters the option to purchase from the Company up to an additional 562,500 shares of Common Stock (the “Additional Shares”). The Firm Shares and the Additional Shares are hereinafter collectively sometimes referred to as the “Shares.” The Shares are described in the Prospectus which is referred to below.
LINE OF CREDIT AGREEMENT ------------------------------------------------------------------------------- The John N. Kapoor Trust, dtd. 9/20/89 (the "Lender"), whose principal address is 225 East Deerpath Road, Suite 250, Lake Forest, Illinois 60045,...Line of Credit Agreement • November 16th, 1998 • Neopharm Inc • Services-commercial physical & biological research • Illinois
EXHIBIT 10.1License Agreement • March 9th, 1999 • Neopharm Inc • Services-commercial physical & biological research • New York
EMPLOYMENT AGREEMENTEmployment Agreement • March 27th, 2007 • Neopharm Inc • Biological products, (no disgnostic substances) • Illinois
THIS AGREEMENT is made and entered into as of the 23rd day of March, 2007, by and between NEOPHARM, INC., a Delaware corporation (the “Company”) and LAURENCE P. BIRCH (“Executive”).
SEPARATION AGREEMENT AND FULL RELEASE OF ALL CLAIMSSeparation Agreement • March 14th, 2005 • Neopharm Inc • Biological products, (no disgnostic substances) • Illinois
THIS SEPARATION AGREEMENT AND FULL RELEASE OF ALL CLAIMS (hereinafter the “Agreement”) is entered into as of this 11th day of March 2005 by and between NEOPHARM, INC. (the “Company”) and GREGORY P. YOUNG (“Executive”) and shall be effective as of the 8th day of March 2005 (the “Effective Date”).
SUBLICENSE AND LICENSE AGREEMENT BETWEEN NIPPON KAYAKU CO., LTD. AND NEOPHARM, INC.Sublicense and License Agreement • September 13th, 2005 • Neopharm Inc • Biological products, (no disgnostic substances) • Illinois
only be in exceptional circumstances and only if the Government determines (i) the action is necessary to meet health or safety needs that are not reasonably satisfied by Licensee; (ii) the action is necessary to meet requirements for public use specified by Federal regulations, and such requirements are not reasonably satisfied by the Licensee; or (iii) the Licensee has failed to comply with an agreement containing provisions described in 15 U.S.C. §3710a(c)(4)(B). The determination made by the Government under this Article is subject to administrative appeal and judicial review under 35 U.S.C. §203(2).
EXHIBIT 10.05 SUBORDINATION, STANDBY AND INTERCREDITOR AGREEMENT WHEREAS, AKORN, INC., a Louisiana corporation (hereinafter, together with its successors and assigns, called "AKORN"), and AKORN (NEW JERSEY), INC., an Illinois corporation ("AKORN NJ";...Subordination, Standby and Intercreditor Agreement • April 11th, 2002 • Neopharm Inc • Biological products, (no disgnostic substances) • Illinois
Tatum CFO Partners, LLP Interim Engagement Resources AgreementInterim Engagement Resources Agreement • April 28th, 2005 • Neopharm Inc • Biological products, (no disgnostic substances) • Georgia
IntroductionAccount Agreement • May 8th, 2008 • Neopharm Inc • Biological products, (no disgnostic substances) • New York
NOTE REPAYMENT AGREEMENTNote Repayment Agreement • May 20th, 2005 • Neopharm Inc • Biological products, (no disgnostic substances) • Illinois
THIS NOTE REPAYMENT AGREEMENT (“Agreement”) is made and entered into as of this 16th day of May, 2005 by and between NeoPharm, Inc. (“Neopharm”), a Delaware corporation, of 150 Field Drive, Suite 195, Lake Forest, Illinois 60045 and Akorn, Inc. (“Akorn”), a Louisiana corporation, of 2500 Milbrook Drive, Buffalo Drive, Illinois 60089. Neopharm and Akorn are sometimes referred to individually as “Party” and collectively as “Parties.”
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • May 29th, 2007 • Neopharm Inc • Biological products, (no disgnostic substances)
THIS SEPARATION AGREEMENT AND GENERAL RELEASE (Agreement) is made and entered into by and between JEFFREY W. SHERMAN (Employee), an individual, and NeoPharm, Inc. (the Company). Employee’s employment with the Company will terminate effective June 18, 2007 as part of the Company’s reduction-in-force. Employee’s last day of work will be June 18, 2007.
SUBORDINATION AND INTERCREDITOR AGREEMENT (LaSalle Bank National Association/Neopharm, Inc.)Subordination and Intercreditor Agreement • March 15th, 2004 • Neopharm Inc • Biological products, (no disgnostic substances)
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of October 7, 2003 (this "Agreement") is entered into among AKORN, INC., a Louisiana corporation ("Akorn"), AKORN (NEW JERSEY), INC., an Illinois corporation ("Akorn NJ"; together with Akorn, each a "Company" and collectively, the "Companies"), LASALLE BANK NATIONAL ASSOCIATION, as Senior Agent (as hereinafter defined) for Senior Lenders under the Credit Agreement (as hereinafter defined), and NEOPHARM, INC., a Delaware corporation (the "Subordinated Lender"").
EXHIBIT 10.04 SUBORDINATION AND INTERCREDITOR AGREEMENT THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this "Agreement") is made and entered into as of this 20th day of December, 2001, by John N. Kapoor, as Trustee under THE JOHN N. KAPOOR TRUST,...Subordination and Intercreditor Agreement • April 11th, 2002 • Neopharm Inc • Biological products, (no disgnostic substances) • Illinois
AMENDMENT NO. 1 TO SEPARATION AGREEMENT AND FULL RELEASESeparation Agreement and Full Release • March 14th, 2005 • Neopharm Inc • Biological products, (no disgnostic substances)
AMENDMENT NO. 1 (the “Amendment”) to Separation Agreement and Full Release dated June 17, 2004 (the “Agreement”) by and between James M. Hussey (“Executive”) and NeoPharm, Inc. (the “Company”).
SEPARATION AGREEMENT AND MUTUAL RELEASESeparation Agreement • May 16th, 2007 • Neopharm Inc • Biological products, (no disgnostic substances)
THIS SEPARATION AGREEMENT AND MUTUAL RELEASE (Agreement) is made and entered into by and between TIMOTHY WALBERT (Employee), an individual, and NeoPharm, Inc. (the Company). Employee’s employment with the Company will terminate effective May 31, 2007 as part of the Company’s reduction-in-force. Employee’s last day of work will be May 31, 2007.
