INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • September 25th, 2006 • Boulangeat Philippe • Blank checks • New York
This Investors’ Rights Agreement (this “Agreement”) is made and entered into as of September 13, 2006, among Tenby Pharma Inc., a Delaware corporation (the “Company”), and the investors signatory hereto (each such investor is a “Investor” and all such investors are, collectively, the “Investors”).
ESCROW AGREEMENTEscrow Agreement • September 25th, 2006 • Boulangeat Philippe • Blank checks • New York
This Escrow Agreement (this “Agreement") is made and entered into as of July 5, 2006, by and among Sirion Therapeutics, Inc., a North Carolina corporation (“Sirion”), Kenneth J. Widder, M.D., as the representative (the “Sytera Stockholders’ Representative”) of the holders of certain securities of Sytera, Inc., a Delaware corporation (“Sytera”), Barry Butler as the representative (the “Sirion Shareholders’ Representative”) of the holders of certain securities of Sirion and The Bank of New York, a New York banking institution, as escrow agent (the “Escrow Agent”). Capitalized terms used and not otherwise defined in this Agreement shall have the meanings given to them in the Merger Agreement (as defined below).
