AGREEMENT TO PARTICIPATE IN THE FACET BIOTECH CORPORATION RETENTION AND SEVERANCE PLANRetention and Severance Agreement • March 31st, 2009 • Facet Biotech Corp • Pharmaceutical preparations
In consideration of the benefits provided by the Facet Biotech Corporation Retention and Severance Plan (the “Plan”), the undersigned employee of Facet Biotech Corporation (the “Company”) and the Company agree that, as of the date written below, the undersigned shall become a Participant in the Plan and shall be fully bound by and subject to all of its provisions, subject to the modification of Section 4.1(b)(4) thereof, titled “Involuntary Termination Absent a Change in Control — Severance Benefits — Acceleration of Vesting of Equity Awards,” set forth in Appendix A attached hereto. All references to a “Participant” in the Plan shall be deemed to refer to the undersigned.
SECOND AMENDMENT TO TRIPLE NET SPACE LEASETriple Net Space Lease • March 31st, 2009 • Facet Biotech Corp • Pharmaceutical preparations • California
This Second Amendment to Triple Net Space Lease (this “Amendment”), dated for reference purposes only as of December 18, 2008, is made by and among SRI Eight Pacific Shores LLC, a Delaware limited liability company (“Lessor”), PDL BioPharma, Inc., a Delaware corporation (“PDL”), and Facet Biotech Corporation, a Delaware corporation (“Facet”).
FIRST AMENDMENT TO TRIPLE NET SPACE LEASETriple Net Space Lease • March 31st, 2009 • Facet Biotech Corp • Pharmaceutical preparations • California
This First Amendment to Triple Net Space Lease (the “Amendment”), is dated as of March 31, 2008, by and between SRI Eight Pacific Shores LLC, a Delaware limited liability company, successor by assignment to Pacific Shores Investors LLC, a Delaware limited liability company (the “Landlord”) and PDL Biopharma, Inc., a Delaware corporation (the “Tenant”).
AGREEMENT TO PARTICIPATE IN THE FACET BIOTECH CORPORATION RETENTION AND SEVERANCE PLANRetention and Severance Agreement • March 31st, 2009 • Facet Biotech Corp • Pharmaceutical preparations
In consideration of the benefits provided by the Facet Biotech Corporation Retention and Severance Plan (the “Plan”), the undersigned employee of Facet Biotech Corporation (the “Company”) and the Company agree that, as of the date written below, the undersigned shall become a Participant in the Plan and shall be fully bound by and subject to all of its provisions, subject to the modification of Section 6.1 thereof, titled “Federal Excise Tax Under Section 4999 of the Code,” set forth in Appendix A attached hereto. All references to a “Participant” in the Plan shall be deemed to refer to the undersigned.
AMENDMENT NO. 1 TO SEPARATION AND DISTRIBUTION AGREEMENTSeparation and Distribution Agreement • March 31st, 2009 • Facet Biotech Corp • Pharmaceutical preparations • Delaware
This Amendment No. 1 to Separation and Distribution Agreement is being entered into as of January , 2009 (this “Amendment”) by and between PDL BioPharma, Inc., a Delaware corporation (“PDL”), and Facet Biotech Corporation, a Delaware corporation (“Facet”) (each a “Party” and collectively, the “Parties”).
Re: Retention BonusesRetention Bonus Agreement • March 31st, 2009 • Facet Biotech Corp • Pharmaceutical preparations
We view your contributions as an officer of Facet Biotech Corporation (“Facet”) as important to our long-term success. Acknowledging this, we would like to summarize the retention bonuses we are offering you in connection with our offer of employment to you.
