STIPULATION OF SETTLEMENT AND RELEASEStipulation of Settlement and Release • July 1st, 2010 • Elite Pharmaceuticals Inc /De/ • Pharmaceutical preparations • New York
This Stipulation of Settlement and Release (“Stipulation”), entered into as of June 25, 2010 (the “Effective Date”), is by and among Elite Pharmaceuticals, Inc., a Delaware corporation (“Elite”), and Midsummer Investment, Ltd., a Bermuda corporation (“Midsummer”) and Bushido Capital Master Fund, LP, a Cayman Islands limited partnership (“Bushido”, and collectively with Midsummer, the “Plaintiffs”), BCMF Trustees LLC (“BCMF”), Epic Pharma, LLC, a Delaware limited liability company, and Epic Investments, LLC, a Delaware limited liability company (Epic Pharma and Epic Investments collectively, “”Epic”). Elite, the Plaintiffs, BCMF and Epic (the “Parties” and each a “Party”) intending to be legally bound, covenant, agree and represent as follows:
AMENDMENT AGREEMENTAmendment Agreement • July 1st, 2010 • Elite Pharmaceuticals Inc /De/ • Pharmaceutical preparations
This Amendment Agreement (the “Agreement”), dated as of June 25, 2010, by and among Elite Pharmaceuticals, Inc., a Delaware corporation (the “Company”), on the one hand, and Epic Pharma, LLC, a Delaware limited liability company (the “Parent”), and Epic Investments, LLC, a Delaware limited liability company (including its successors and assigns, the “Purchaser” and together with the Parent, the “Epic Parties”), on the other hand.
AMENDMENT AGREEMENTAmendment Agreement • July 1st, 2010 • Elite Pharmaceuticals Inc /De/ • Pharmaceutical preparations
This Amendment Agreement (the “Agreement”), dated as of June 25, 2010, is by and among Elite Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and the investors signatory hereto (each, a “Purchaser” and collectively, the “Purchasers”).
