AGREEMENTAgreement • February 26th, 2010 • Anthera Pharmaceuticals Inc • Pharmaceutical preparations
WHEREAS, Anthera Pharmaceuticals, Inc., a Delaware corporation having its principal place of business at 25801 Industrial Blvd., Suite B, Hayward, California 94545, U.S.A. (the “Company”), Shionogi & Co., Ltd., with a place of business at 1-8, Doshomachi 3-chome, Chuo-ku, Osaka, Japan (“Shionogi”) and Eli Lilly and Company, an Indiana corporation having its principal place of business at Lilly Corporate Center, Indianapolis, Indiana 46285, U.S.A. (“Eli Lilly”) entered into the License Agreement dated July 31, 2006 concerning pharmaceutical products that inhibit phospholipase (the “License Agreement”);
AMENDMENT NO. 3 TO STOCK PURCHASE AGREEMENT AND ESCROW AGREEMENTStock Purchase Agreement and Escrow Agreement • February 26th, 2010 • Anthera Pharmaceuticals Inc • Pharmaceutical preparations • California
This Amendment No. 3 (the “Amendment”) to (i) the Stock Purchase Agreement, dated as of September 25, 2009 (as amended to date, the “Purchase Agreement”), by and among Anthera Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and the investors listed on Exhibit A thereto (the “Investors”), and (ii) the Escrow Agreement, dated as of September 25, 2009 (as amended to date, the “Escrow Agreement”), by and among the Company, the Investors and Fremont Bank (the “Escrow Agent”), each as amended by that certain Amendment No. 1 to Stock Purchase Agreement and Escrow Agreement dated as of November 3, 2009 and that certain Amendment No. 2 to Stock Purchase Agreement and Escrow Agreement dated as of December 11, 2009, is made as of February 24, 2010 by and among the Company, the Investors and the Escrow Agent. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement.
AMENDMENT NO. 1 TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • February 26th, 2010 • Anthera Pharmaceuticals Inc • Pharmaceutical preparations • California
This Amendment No. 1 (the “Amendment”) to the Note Purchase Agreement, dated as of December 11, 2009 (the “Purchase Agreement”), by and among Anthera Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and the investors listed on the Schedule of Purchasers thereto (the “Investors”) is made as of February 24, 2010. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement.
