COMMERCIAL SECURITY AGREEMENTCommercial Security Agreement • May 13th, 2005 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations • California
THIS COMMERCIAL SECURITY AGREEMENT dated 3/1/04, is made and executed between INTERNATIONAL MEDICATION SYSTEMS, LIMITED ("Grantor") and BANK OF THE WEST ("Lender").
BUSINESS LOAN AGREEMENTBusiness Loan Agreement • May 13th, 2005 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations • California
THIS BUSINESS LOAN AGREEMENT dated February 25, 2004, is made and executed between INTERNATIONAL MEDICATION SYSTEMS, LIMITED ("Borrower") and BANK OF THE WEST ("Lender") on the following terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement ("Loan"). Borrower understands and agrees that: (A) in granting. renewing, or extending any Loan. Lender is relying upon Borrower's representations, warranties, and agreements as set forth in this Agreement: (B) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender's sole judgment and discretion: and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement.
AMPHASTAR PHARMACEUTICALS, INC. LETTERHEAD]Convertible Loan Principal Agreement • May 13th, 2005 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations • California
This is to confirm the terms of our amendment to the revolving line of credit between Cathay Bank and Amphastar Pharmaceuticals, Inc. dated March 20, 2001, as amended (the "Agreement").
Settlement AgreementSettlement Agreement • May 13th, 2005 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations
This Settlement Agreement concerning the Toll Manufacturing Agreement and to the Asset Sale Agreement both dated June 26, 2003, is made effective as of December 20, 2004 ("Effective Date"), by and between Amphastar Pharmaceuticals, Inc., a company incorporated under the laws of Delaware, having its principal office at 11570 Sixth Street Rancho Cucamonga, CA, 91730 (hereinafter "Amphastar") and Organon USA Inc., a corporation incorporated under the laws of New Jersey, having a place of business at 56 Livingston Avenue, Roseland, NJ 07068 (hereinafter "Organon")
Agreement of Amphastar-IMS Employee Incentive Plan, 1998Employee Incentive Plan • May 13th, 2005 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations • California
This Agreement (the" Agreement") is made and entered on 07/16/1998, by and between the Optionee and Amphastar Pharmaceuticals, Inc. (the "Company") for Amphastar-IMS Employee Incentive Plan, 1998 (the "Plan"). The Agreement becomes effective only after the cover page, The Notice and Agreement of Grant of Stock Options for Amphastar 1998 Employee Incentive Plan (the "Notice") is signed by both the Optionee and the Company.
Exclusivity AgreementExclusivity Agreement • May 13th, 2005 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations • California
We are writing to verify that Shanghai No.1 Biochemical and Pharmaceutical Co., Ltd. ("SBPC") agrees to exclusively sell Heparin Sodium pharmaceutical active ingredient from porcine origin (the "Raw Materia1") to Amphastar Pharmaceutica1s, Inc. ("Amphastar") in North America and Amphastar agrees to purchase the Raw Material only from SBPC.
Exclusivity AgreementExclusivity Agreement • May 13th, 2005 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations • California
We are writing to verify that Shanghai No.1 Biochemical and Pharmaceutical Co., Ltd. ("SBPC", registrar's office address is 387 Shangqiu Road, Shanghai 200080, China; and factory address is 1317 Jianchuan Road, Shanghai 200240) agrees to exclusively sell Hyaluronidase pharmaceutical active ingredient from bovine origin (the "Raw Material") to Amphastar Pharmaceuticals, Inc. ("Amphastar") and Amphastar agrees to purchase the Raw Material only from SBPC, provided SBPC can supply the Raw Material:
AMENDMENT NO. 1 TO LEASE SCHEDULE NO. 001 TO MASTER LEASE AGREEMENT NO. AFI0230Lease Agreement • May 13th, 2005 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations • Utah
Reference is made to Lease Schedule No. 001 dated December 17, 2001 (the "Schedule") to Master Lease Agreement No. AFI0230 dated December 17, 2001 (the "Master Lease"), by and between APPLIED FINANCIAL, INC. (the "Lessor") and AMPHASTAR PHARMACEUTICALS, INC. (the "Lessee"). The Schedule as it incorporates the terms and conditions of the Master Lease is referred to herein as the "Lease". Pursuant to the Lease, Lessor has agreed to purchase and lease to Lessee property specified in the Lease. All capitalized terms used herein but not defined herein shall have the same meanings ascribed to them in the Lease.
CONTINUING GUARANTYContinuing Guaranty • May 13th, 2005 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations • California
For value received and in consideration of the extension of credit by BANK OF THE WEST (the "Bank") to INTERNATIONAL MEDICATION SYSTEMS, LIMITED (the "Debtor") or the benefits to the undersigned derived therefrom, the undersigned (each, a "Guarantor"), guarantees and promises to pay to the Bank any and all Indebtedness (as defined in Subsection 1 below) and agrees as follows:
REGISTRATION RIGHTS AGREEMENT Dated as of February 4, 2005 between AMPHASTAR PHARMACEUTICALS, INC. and LOTUS CHINA FUND, L.P.Registration Rights Agreement • May 13th, 2005 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
THIS REGISTRATION RIGHTS AGREEMENT (the "Agreement") is made as of the 4th day of February, 2005, by and between Amphastar Pharmaceuticals, Inc., a Delaware corporation (the "Company"), and Lotus China Fund, L.P. a Cayman Islands limited partnership (the "Investor").
ROYALTY PURCHASE AGREEMENT BETWEEN AMPHASTAR PHARMACEUTICALS, INC. and DRUG ROYALTY USA, INC.Royalty Purchase Agreement • May 13th, 2005 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS AGREEMENT is made and entered into as of the 5th day of August, 2003 by and between AMPHASTAR PHARMACEUTICALS, INC., a subsisting California corporation ("Amphastar"), and DRUG ROYALTY USA, INC., a subsisting Nevada corporation ("DRC").
