ASSET PURCHASE AGREEMENT by and between VICTORY PHARMA, INC. and MIDDLEBROOK PHARMACEUTICALS, INC. Dated as of May 14, 2010Asset Purchase Agreement • May 20th, 2010 • MiddleBrook Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of May 13, 2010 (the “Execution Date”), is entered into by and between Victory Pharma, Inc., a Delaware corporation, having its principal offices at 11682 El Camino Real, Suite 250 San Diego, CA 92130 (the “Purchaser”) and MiddleBrook Pharmaceuticals, Inc., a Delaware corporation, having its principal offices at 7 Village Circle, Suite 100, Westlake, TX 76262 (the “Seller” and together with the Purchaser, the “Parties”). Capitalized terms used herein and not otherwise defined have the respective meanings ascribed to them in Exhibit A.
