OMTHERA PHARMACEUTICALS, INC. (A Delaware corporation) [ · ] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • April 1st, 2013 • Omthera Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
ContractWarrant Agreement • April 1st, 2013 • Omthera Pharmaceuticals, Inc. • Pharmaceutical preparations • California
THIS WARRANT, AND THE SECURITIES ISSUABLE UPON THE EXERCISE OF THIS WARRANT, HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 1st, 2013 • Omthera Pharmaceuticals, Inc. • Pharmaceutical preparations • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of March 29, 2013 and is entered into by and between OMTHERA PHARMACEUTICALS, INC., a Delaware corporation, and each of its subsidiaries, (hereinafter collectively referred to as the “Borrower”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“Lender”).
COMMERCIAL SUPPLY AGREEMENT (Epanova™ Softgels)Supply Agreement • April 1st, 2013 • Omthera Pharmaceuticals, Inc. • Pharmaceutical preparations • New Jersey
This Commercial Supply Agreement (“Agreement”) is made as of this 16th day of July, 2012 (“Effective Date”), by and between Omthera Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 707 State Road, Princeton, NJ, 08540 (“Client”), and Catalent Pharma Solutions GmbH, Riedstrasse 1, 6330 Cham, Switzerland (“Catalent”).
Omthera Pharmaceuticals, Inc. License Agreement between PVT Polyver Trust AG and Omthera Pharmaceuticals, Inc. November 13, 2009License Agreement • April 1st, 2013 • Omthera Pharmaceuticals, Inc. • Pharmaceutical preparations
PVT POLYVER TRUST AG, a corporation duly established under the laws of Switzerland with registered offices at c/o Buetler Legal GmbH, Chilchgasse 8, 6072 Sachseln Switzerland
SUPPLY AGREEMENTSupply Agreement • April 1st, 2013 • Omthera Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS SUPPLY AGREEMENT (the “Agreement”) is as entered into as of this 1st day of March, 2012 (“Effective Date”) between Omthera Pharmaceuticals, Inc., a corporation organized under the laws of Delaware and having a place of business at 707 State Road, Princeton, New Jersey, USA, 08540 (“Omthera”) and BioVectra Inc., a corporation organized under the laws of Prince Edward Island and having a place of business at 11 Aviation Avenue, Charlottetown, Prince Edward Island, C1E 0A1 Canada (“BioVectra”) (each individually a “Party” and collectively the “Parties”).
Intermediate Feedstock Supply AgreementIntermediate Feedstock Supply Agreement • April 1st, 2013 • Omthera Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
NOW THEREFORE in consideration of the mutual promises and covenants herein, and other good and valuable consideration, the sufficiency of which is acknowledged by the Parties, the Parties agree as follows:
OMTHERA PHARMACEUTICALS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • April 1st, 2013 • Omthera Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This Indemnification Agreement (“Agreement”) is made as of by and between Omthera Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
