ASSET PURCHASE AGREEMENT BY AND AMONG VIVUS, INC. As Seller MEDA AB As Buyer AND With respect to Sections 2.1, 2.7(b), 2.15, 3.1(b), 3.2, 3.3, 3.10, 3.16 and 7.2, only VIVUS REAL ESTATE, LLC Dated as of October 1, 2010Asset Purchase Agreement • October 4th, 2010 • Vivus Inc • Pharmaceutical preparations • New York
ASSET PURCHASE AGREEMENT (this “Agreement”) entered into as of October 1, 2010 by and among MEDA AB, a corporation organized under the laws of Sweden (the “Buyer”), VIVUS, Inc., a corporation organized under the laws of the State of Delaware (“Seller”), and, with respect to Sections 2.1, 2.7(b), 2.15, 3.1(b), 3.2, 3.3, 3.10, 3.16 and 7.2 only, Vivus Real Estate, LLC, a New Jersey limited liability company (“Vivus Real Estate”, and collectively with Seller, the “Seller Parties”). Buyer, Seller and Vivus Real Estate are referred to individually as a “Party” and collectively herein as the “Parties.”
