0001104659-07-036107 Sample Contracts

TERMINATION AND RELEASE
Termination and Release • May 4th, 2007 • Vivus Inc • Pharmaceutical preparations • California

Reference is made to the Note Purchase Agreement, dated as of January 8, 2004 (as the same may from time to time have been amended, restated, or otherwise modified, the “Purchase Agreement”) by and between VIVUS, Inc., a Delaware corporation (“Borrower”), and Tanabe Holding America, Inc. (“Secured Party”). All capitalized terms defined in the Purchase Agreement are used with the same meanings, unless otherwise defined, in this Termination and Release.

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