0000950133-07-003643 Sample Contracts

Agreement and Plan of Merger By And Among MGI PHARMA, INC., Energy MS Inc., AkaRx, Inc. And Jeffrey W. Bird, as Representative August 28, 2007

Merger Agreement • August 30th, 2007 • Mgi Pharma Inc • Pharmaceutical preparations • Delaware

• Contract Type
  Merger Agreement
• Filed
  August 30th, 2007
• Company
  Mgi Pharma Inc
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

This Agreement and Plan of Merger (together with the Schedules hereto, this "Agreement”) is made and entered into as of August 28, 2007 (the “Agreement Date”), by and among MGI PHARMA, INC., a Minnesota corporation (“Buyer”), Energy MS Inc., a Delaware corporation and a wholly owned subsidiary of Buyer (“Merger Sub”), AkaRx, Inc., a Delaware corporation (the "Company”), and Jeffrey W. Bird, solely for purposes of acknowledging his appointment as representative of the Company Securityholders as set forth herein (together with any successor appointed in accordance with this Agreement, the “Representative”).