Effective as of February 23, 2009 Kenneth M. Bate Concord, MA 01742 Dear Ken:Invention and Non-Disclosure Agreement • February 26th, 2009 • Nitromed Inc • Pharmaceutical preparations
Effective immediately prior to the closing of the Merger (as such term is defined in that certain Agreement and Plan of Merger, dated as of January 27, 2009, by and among NitroMed, Inc. (“NitroMed”), NTMD Parent Acquisition Corp., NTMD Acquisition Corp., Deerfield Private Design Fund, L.P., Deerfield Private Design International, L.P., Deerfield Special Situations Fund, L.P. and Deerfield Special Situations Fund International Limited), unless you are earlier terminated for cause, you will be terminated without cause as NitroMed’s President, Chief Executive Officer and Interim Chief Financial Officer. This agreement (the “Agreement”) sets forth the terms pursuant to which you will be terminated without cause immediately prior to closing of such Merger; the time of such closing is referred to herein as the “Effective Time” and the date of such closing is referred to herein as the “Effective Date.”
