EXHIBIT E VOLUME RESTRICTION AGREEMENTVolume Restriction Agreement • April 7th, 2006 • Supergen Inc • Pharmaceutical preparations • Delaware
This VOLUME RESTRICTION AGREEMENT (this “Agreement”) is made and entered into as of March , 2006, by and between SuperGen, Inc., a Delaware corporation (“Parent”) and (“Stockholder”), a stockholder of Montigen Pharmaceuticals, Inc., a Delaware corporation (the “Company”).
AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER AND REORGANIZATION BY AND AMONG SUPERGEN, INC. KING’S PEAK ACQUISITION CORPORATION,Agreement and Plan of Merger and Reorganization • April 7th, 2006 • Supergen Inc • Pharmaceutical preparations • Delaware
THIS AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (the “Agreement”) is made and entered into as of March 30, 2006, by and among SuperGen, Inc., a Delaware corporation (“Parent”), King’s Peak Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), Montigen Pharmaceuticals, Inc., a Delaware corporation (the “Company”), James N. Clarke, as stockholder representative (the “Stockholder Representative”), and U.S. Bank National Association, as Escrow Agent (the “Escrow Agent”), and amends and restates that prior Agreement and Plan of Merger and Reorganization, dated January 26, 2006, by and among Parent, Merger Sub, the Company, the Stockholder Representative and the Escrow Agent (the “Prior Agreement”). The Prior Agreement is hereby superseded in its entirety. Unless otherwise expressly indicated, references to “the date of this Agreement,” “the date hereof” and terms of similar import shall refer to the date of the Prio
