FORM OF CONTINGENT CASH CONSIDERATION AGREEMENT by and between DM MERGER SUB INC., AMERICAN STOCK TRANSFER & TRUST COMPANY as Paying Agent, and, Solely for the Purposes of Section 16, ENDO HEALTH SOLUTIONS INC.Contingent Cash Consideration Agreement • December 16th, 2013 • Nupathe Inc. • Pharmaceutical preparations • Delaware
This CONTINGENT CASH CONSIDERATION AGREEMENT (this “Agreement”), dated as of [ ], 2014, is entered into by and between DM Merger Sub Inc., a Delaware corporation (the “Company”) and wholly-owned, indirect subsidiary of the Guarantor (as defined below), American Stock Transfer & Trust Company, LLC, as Paying Agent (the “Paying Agent”), and, solely for the purposes of Section 16, Endo Health Solutions Inc., a Delaware corporation (the “Guarantor”).
AGREEMENT AND PLAN OF MERGER BY AND AMONG ENDO HEALTH SOLUTIONS INC., DM MERGER SUB INC. AND NUPATHE INC. DATED AS OF DECEMBER 15, 2013Merger Agreement • December 16th, 2013 • Nupathe Inc. • Pharmaceutical preparations • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of December 15, 2013, is by and among Endo Health Solutions Inc., a Delaware corporation (“Parent”), DM Merger Sub Inc., a Delaware corporation and an indirect, wholly-owned Subsidiary of Parent (“Merger Sub”), and NuPathe Inc., a Delaware corporation (the “Company”).
