0001047469-16-010509 Sample Contracts

DEPOMED, INC. AMENDED AND RESTATED MANAGEMENT CONTINUITY AGREEMENT
Management Continuity Agreement • February 26th, 2016 • Depomed Inc • Pharmaceutical preparations • California

This Amended and Restated Management Continuity Agreement (the “Agreement”) is effective as of , 2016 (the “Effective Date”) by and between (“Employee”) and Depomed, Inc., a California corporation (the “Company”). This Agreement is intended to provide Employee with certain benefits described herein upon the occurrence of specific events. This Agreement amends and restates that certain Management Continuity Agreement entered into between the parties as of [ ], 2014 (referred to herein as the “Prior Agreement”).

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CONSENT AND FIRST AMENDMENT TO NOTE PURCHASE AGREEMENT
Note Purchase Agreement • February 26th, 2016 • Depomed Inc • Pharmaceutical preparations • New York

THIS CONSENT AND FIRST AMENDMENT TO NOTE PURCHASE AGREEMENT, dated as of December 29, 2015 (this “Amendment” or “Consent”), is entered into by and among DEPOMED, INC., a California corporation (the “Borrower”), the other Credit Parties party hereto, the Purchasers party hereto, and DEERFIELD PRIVATE DESIGN FUND III, L.P., a Delaware limited partnership, as a Purchaser and as collateral agent (in such latter capacity, the “Agent”).

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