0000950144-06-008798 Sample Contracts

KOS INCENTIVE PLAN RESTRICTED SHARE AWARD AGREEMENT
Restricted Share Award Agreement • September 14th, 2006 • Kos Pharmaceuticals Inc • Pharmaceutical preparations • Florida

This Restricted Share Award Agreement (the “Agreement”) is effective as of ___2006 (the “Date of Grant”) and is made between Kos Pharmaceuticals, Inc., a Florida corporation (the “Company”) and ___(the “Recipient”).

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CONSENT OF LENDER AND AMENDMENT NO. 1 TO $30,000,000 REVOLVING CREDIT AND LOAN AGREEMENT, ADDITIONAL STANDBY FACILITY NOTE AND WARRANT
Kos Pharmaceuticals Inc • September 14th, 2006 • Pharmaceutical preparations

This Consent and Amendment No. 1 to Revolving Credit and Loan Agreement, Additional Standby Facility Note and Warrant is dated as of the 8th day of May, 2006, and is by and between Kos Pharmaceuticals, Inc., a Florida corporation (the “Borrower”), and Mary Jaharis (as transferee of Michael Jaharis) (the “Lender”). Any capitalized term used herein and not otherwise defined shall have the meaning attributed to such term in the Loan Agreement (as defined below).

Development, License and Marketing Agreement By and Among Jagotec AG, SkyePharma PLC (in connection with parent guaranty only), Kos Life Sciences, Inc. and Kos Pharmaceuticals, Inc. (in connection with parent guaranty only) Dated As Of May 5, 2006
Confidentiality Agreement • September 14th, 2006 • Kos Pharmaceuticals Inc • Pharmaceutical preparations • New York

This Development, License and Marketing Agreement, made as of May 5, 2006 (the “Effective Date”), is by and between Kos Life Sciences, Inc., a company organized and existing under the laws of Delaware, having a place of business located at 2200 N. Commerce Parkway, Weston, FL 33326 (“Kos”), and solely with respect to Section 15.21.1 Kos Pharmaceuticals, Inc., a corporation organized and existing under the laws of Florida, having offices located at 1 Cedar Brook Drive, Cranbury, NJ 08512 (“Kos Pharmaceuticals”), Jagotec AG, a corporation organized and existing under the laws of Switzerland, having offices located at Eptingerstrasse 51, CH—4132 Muttenz, Switzerland (“Jagotec”) and solely with respect to Section 15.21.2, SkyePharma PLC, a company registered in England and Wales, having offices located at 105 Piccadilly, London W1J 7NJ, United Kingdom (“SkyePharma”).

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