ASSIGNMENT AND ASSUMPTION AGREEMENT
Exhibit 10.16
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (“Assignment and Assumption Agreement”) is effective as of September 15 2015, by and between by and between Fortress Biotech., Inc., a Delaware corporation (“Fortress”) and Checkpoint Therapeutics, Inc., a Delaware corporation (“Checkpoint”).
WHEREAS, Checkpoint is an Affiliate of Fortress; and
1. Assignment. Fortress hereby sells, assigns, conveys, transfers and delivers to Checkpoint all of Fortress’s right, title and interest in and to the NeuPharma Agreement.
2. Assumption. Checkpoint hereby accepts the foregoing assignment, and in connection therewith, Checkpoint hereby agrees to assume all liabilities arising thereunder from and after the Effective Date.
4. Effective Time. The effective time of this Assignment and Assumption Agreement is 11:59 p.m. EST on the date hereof.
5. Counterparts; Electronic Delivery. This Assignment and Assumption Agreement may be executed in any number of counterparts with the same effect as if each of the parties hereto had signed the same document. All counterparts shall be construed together and shall constitute one Assignment and Assumption Agreement. This Assignment and Assumption Agreement, to the extent signed and delivered by means of a facsimile machine or via e-mail, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person.
IN WITNESS WHEREOF, the parties have executed this Assignment and Assumption Agreement as of the date first above written.
FORTRESS BIOTECH, INC. | ||
By: | /s/ Xxxxxxx Xxxxxxxxx | |
Name: | Xxxxxxx Xxxxxxxxx | |
Title: | CEO | |
CHECKPOINT THERAPEUTICS, INC. | ||
By: | /s/ Xxxxxxx Xxxxx | |
Name: | Xxxxxxx Xxxxx | |
Title: | Interim President and CEO |
[Signature Page to Assignment and Assumption Agreement]