CONTINGENT VALUE RIGHTS AGREEMENT by and between Cubist Pharmaceuticals, Inc. and [TRUSTEE] Dated as of [·], 2013Contingent Value Rights Agreement • August 1st, 2013 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
THIS CONTINGENT VALUE RIGHTS AGREEMENT, dated as of [·], 2013 (this “Agreement”), by and between Cubist Pharmaceuticals, Inc., a Delaware corporation (“Parent”), and [·], a [·], as trustee (the “Trustee”), in favor of each person who from time to time holds one or more Contingent Value Rights (the “Securities” or “CVRs”) to receive cash payments in the amounts and subject to the terms and conditions set forth herein.
AMENDMENT NO. 1 TO CO-PROMOTION AGREEMENTCo-Promotion Agreement • August 1st, 2013 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations
This AMENDMENT NO. 1 TO CO-PROMOTION AGREEMENT (the “Amendment”) is entered into on July 30, 2013 (the “Amendment Effective Date”), by and among Cubist Pharmaceuticals, Inc. (“Cubist”) and Optimer Pharmaceuticals, Inc. (“Optimer”). Cubist and Optimer may each be referred to herein individually as a “Party” and collectively as the “Parties.” Capitalized terms used but not defined in this Amendment have the meaning set forth in the Agreement.
AGREEMENT AND PLAN OF MERGER among OPTIMER PHARMACEUTICALS, INC., CUBIST PHARMACEUTICALS, INC. and PDRS CORPORATION Dated as of July 30, 2013Merger Agreement • August 1st, 2013 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
THIS CONTINGENT VALUE RIGHTS AGREEMENT, dated as of [·], 2013 (this “Agreement”), by and between Cubist Pharmaceuticals, Inc., a Delaware corporation (“Parent”), and [·], a [·], as trustee (the “Trustee”), in favor of each person who from time to time holds one or more Contingent Value Rights (the “Securities” or “CVRs”) to receive cash payments in the amounts and subject to the terms and conditions set forth herein.
