MIDDLEBROOK PHARMACEUTICALS, INC. EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • July 8th, 2008 • MiddleBrook Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
THIS EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made this 1st day of July, 2008 by and between Dave Becker, a resident of Denton County, Texas, (the “Employee”), and MiddleBrook Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware and formerly known as Advancis Pharmaceutical Corporation (the “Company”).
CONSULTING AGREEMENTConsulting Agreement • July 8th, 2008 • MiddleBrook Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This Agreement dated this 30th day of June 2008, is executed by and between MiddleBrook Pharmaceuticals, Inc., a Delaware corporation (the “Company”), located at 20425 Seneca Meadows Parkway, Germantown, MD 20876, and Robert C. Low (“Consultant”), located at PO Box 547, Vienna, VA 22183-0547 (the “Agreement”).
CONSULTING AGREEMENTConsulting Agreement • July 8th, 2008 • MiddleBrook Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This agreement dated this 1st day of July, 2008 (the “Effective Date”), is executed by and between MiddleBrook Pharmaceuticals, Inc., a Delaware corporation (the “Company”), located at 20425 Seneca Meadows Parkway, Germantown, MD 20876, and John S. Thievon (the “Consultant”), located in Denton County, Texas (the “Agreement”).
AGREEMENT REGARDING REDEMPTION OF WARRANTS AND EXERCISE OF STOCK PURCHASE RIGHTStock Purchase Right • July 8th, 2008 • MiddleBrook Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This Agreement Regarding Redemption of Warrants and Exercise of Stock Purchase Right (“Agreement”) is dated as of the 1st day of July, 2008 (the “Effective Date”) by and among (i) MiddleBrook Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and (ii) Deerfield Private Design Fund, L.P., a Delaware limited partnership (“Deerfield Design”), Deerfield Private Design International, L.P., a British Virgin Islands limited partnership (“Deerfield Design International”), Deerfield Special Situations Fund, L.P., a Delaware limited partnership (“Deerfield Special Situations”), Deerfield Special Situations Fund International Limited, a British Virgin Islands limited company (“Deerfield Special Situations International” and collectively with Deerfield Design, Deerfield Design International and Deerfield Special Situations, the “Deerfield Entities”), Kef Pharmaceuticals, Inc., a Delaware corporation (“Kef”), Lex Pharmaceuticals, Inc., a Delaware corporation (“Lex”), and Deerfield Manag
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 8th, 2008 • MiddleBrook Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is dated as of the 1st day of July, 2008 (the “Effective Date”) by and between MiddleBrook Pharmaceuticals, Inc., a Delaware corporation, with its principal office at 20425 Seneca Meadows Parkway, Germantown, Maryland 20876 (the “Company”), and EGI-MBRK, L.L.C., a Delaware limited liability company (the “Purchaser”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 8th, 2008 • MiddleBrook Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of July 1, 2008, by and among (i) MiddleBrook Pharmaceuticals, Inc., a Delaware corporation (the “Company”), (ii) the investor identified on Exhibit A attached hereto (the “Initial Investor”), and (iii) each Person that subsequently becomes a party to this Agreement pursuant to, and in accordance with, the provisions of Section 13 hereof (collectively, the “Investor Permitted Transferees” and each individually an “Investor Permitted Transferee”).
VOTING AGREEMENTVoting Agreement • July 8th, 2008 • MiddleBrook Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
THIS VOTING AGREEMENT (this “Agreement”) is entered into as of July 1, 2008, by and among EGI-MBRK, L.L.C., a Delaware limited liability company (the “Investor”), MiddleBrook Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the party identified on Schedule A hereto (“Stockholder”).
