0001144204-18-059722 Sample Contracts

FIRST AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • November 14th, 2018 • Avenue Therapeutics, Inc. • Pharmaceutical preparations • New York

THIS FIRST AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT (this “Amendment”) is entered into effective as of this 12th day of November, 2018, by and between Avenue Therapeutics, Inc., a Delaware corporation (the “Company”) and Lucy Lu, M.D. (the “Executive”).

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VOTING AND SUPPORT AGREEMENT
Voting and Support Agreement • November 14th, 2018 • Avenue Therapeutics, Inc. • Pharmaceutical preparations • Delaware

THIS VOTING AND SUPPORT AGREEMENT (as may be amended or modified from time to time, this “Agreement”) is made and entered into as of November 12, 2018, by and among Avenue Therapeutics, Inc., a Delaware corporation (the “Company”), the stockholders of the Company listed on Schedule A hereto (the “Stockholders” and each individually a “Stockholder”), and InvaGen Pharmaceuticals Inc., a New York corporation (“Buyer”).

STOCK PURCHASE AND MERGER AGREEMENT
Stock Purchase and Merger Agreement • November 14th, 2018 • Avenue Therapeutics, Inc. • Pharmaceutical preparations • Delaware

This STOCK PURCHASE AND MERGER AGREEMENT (this “Agreement”) is made and entered into as of November 12, 2018, by and among InvaGen Pharmaceuticals Inc., a New York Corporation (“Buyer”), Madison Pharmaceuticals Inc., a Delaware corporation and a wholly-owned Subsidiary of Buyer (“Merger Sub”), and Avenue Therapeutics, Inc., a Delaware corporation (the “Company”).

Indemnification AGREEMENT
Indemnification Agreement • November 14th, 2018 • Avenue Therapeutics, Inc. • Pharmaceutical preparations • Delaware

THIS Indemnification AGREEMENT (as amended or modified from time to time, this “Agreement”) is made and entered into as of November 12, 2018, by and among InvaGen Pharmaceuticals Inc., a New York Corporation (“Buyer”), and Fortress Biotech, Inc., a Delaware corporation (“Fortress”).

LU RESTRICTIVE COVENANT AGREEMENT
Restrictive Covenant Agreement • November 14th, 2018 • Avenue Therapeutics, Inc. • Pharmaceutical preparations • Delaware

THIS LU RESTRICTIVE COVENANT AGREEMENT (as may be amended or modified from time to time, this “Agreement”) is made and entered into as of November 12, 2018, by and between InvaGen Pharmaceuticals Inc., a New York corporation (“Buyer”) and Lucy Lu, M.D. (“Dr. Lu”).

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