NEOS THERAPEUTICS, INC. EMPLOYEE NON-QUALIFIED STOCK OPTION AWARD AGREEMENTRestricted Stock Agreement • June 19th, 2015 • Neos Therapeutics, Inc. • Pharmaceutical preparations • Delaware
Pursuant to this Non-Qualified Stock Option Award Agreement, executed by Neos Therapeutics, Inc. (the “Company”) and (the “Optionee”), an employee of the Company or one of its Subsidiaries (the “Award Agreement”), the Company hereby grants to the Optionee on (the “Grant Date”), a right (the “Award”) to purchase from the Company up to, but not exceeding in the aggregate, shares of Stock at per share (the “Exercise Price”), which has been determined to be no less than the Fair Market Value per share of the Stock on the Grant Date, pursuant to the Neos Therapeutics, Inc. 2009 Equity Plan (the “Plan”), with such number of shares and such price per share being subject to adjustment as provided in the Plan, and further subject to the following terms and conditions. The Award is not intended to qualify as an “incentive stock option” within the meaning of Section 422 of the Code.
LICENSE AGREEMENT BY AND AMONG NEOS THERAPEUTICS, INC. AND SHIRE LLC DATED AS OF JULY 23, 2014License Agreement • June 19th, 2015 • Neos Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS LICENSE AGREEMENT (this “Agreement”) dated this the 23rd day of July, 2014 (the “Effective Date”) is hereby entered into by and between Shire LLC, a Kentucky company with offices located at 9200 Brookfield Court, Florence, KY 41402 (“Shire”), and Neos Therapeutics, Inc., a corporation organized and existing under the laws of Delaware with offices located at 2940 North Highway 360 #100, Grand Prairie, TX 75050 (“Neos”). Each of Shire and Neos is sometimes referred to herein, individually, as a “Party” and, collectively, as the “Parties.”
ASSET PURCHASE AGREEMENT between CORNERSTONE BIOPHARMA, INC. AND NEOS THERAPEUTICS, INC. August 28, 2014Asset Purchase Agreement • June 19th, 2015 • Neos Therapeutics, Inc. • Pharmaceutical preparations • New York
This Asset Purchase Agreement (this “Agreement”) is made and dated as of August 28, 2014 (the “Closing Date”), between Cornerstone BioPharma, Inc., a Nevada corporation (“Seller”), and Neos Therapeutics, Inc., a corporation organized under the laws of the State of Delaware (“Buyer”). Seller and Buyer may each be referred to herein individually as a “Party” and collectively as the “Parties.”
ContractWarrant Agreement • June 19th, 2015 • Neos Therapeutics, Inc. • Pharmaceutical preparations • Delaware
THE SECURITIES REPRESENTED BY THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE “ACT”), AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY STATE. THESE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, OR OTHERWISE TRANSFERRED, EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT FILED UNDER THE SECURITIES ACT OF 1933 OR PURSUANT TO AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT, THE AVAILABILITY OF WHICH EXEMPTION MUST BE ESTABLISHED TO THE REASONABLE SATISFACTION OF THE COMPANY. THE TRANSFER OF THIS INSTRUMENT IS RESTRICTED AS DESCRIBED HEREIN.
TRAMMELL CROW COMPANY COMMERCIAL LEASE AGREEMENT WALSTIB, L.P., A DELAWARE LIMITED PARTNERSHIP Landlord AND PHARMAFAB, INC. TenantLease • June 19th, 2015 • Neos Therapeutics, Inc. • Pharmaceutical preparations • Texas
SETTLEMENT AGREEMENT BY AND AMONG NEOS THERAPEUTICS, INC. AND SHIRE LLC DATED AS OF JULY 23, 2014Settlement Agreement • June 19th, 2015 • Neos Therapeutics, Inc. • Pharmaceutical preparations
THIS SETTLEMENT AGREEMENT, (this “Settlement Agreement”) dated this the 23rd day of July, 2014 (the “Effective Date”) is hereby entered into by and between Shire LLC, a Kentucky company with offices located at 9200 Brookfield Court, Florence, KY 41402 (“Shire”), and Neos Therapeutics, Inc., a corporation organized and existing under the laws of Delaware with offices located at 2940 North Highway 360 #100, Grand Prairie, TX 75050 (“Neos”). Each of Shire and Neos is sometimes referred to herein, individually, as a “Party” and, collectively, as the “Parties.”
NEOS THERAPEUTICS, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT June 9, 2015Investors’ Rights Agreement • June 19th, 2015 • Neos Therapeutics, Inc. • Pharmaceutical preparations • Delaware
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of the 9th day of June 2015, by and among Neos Therapeutics, Inc., a Delaware corporation (the “Company”), each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor.”
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 19th, 2015 • Neos Therapeutics, Inc. • Pharmaceutical preparations • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of March 28, 2014 and is entered into by and between NEOS THERAPEUTICS, INC., a Delaware corporation (the “Company”), PHARMAFAB TEXAS, LLC, a Texas limited liability company, and NEOS THERAPEUTICS, LP, a Texas limited partnership, and each of their respective Domestic Subsidiaries (as hereafter defined) that may hereafter be formed and that join in this Agreement (each, a “Borrower” and referred to individually and collectively as “Borrower”), HERCULES TECHNOLOGY III, L.P. and the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).
