Exhibit 4.2 FORM OF RESTRICTED STOCK PURCHASE AGREEMENT ------------------------------------------- This RESTRICTED STOCK PURCHASE AGREEMENT (this "Agreement") is made as of __________________, 2001 by and between MJBC CORP., a Delaware corporation...Restricted Stock Purchase Agreement • August 22nd, 2003 • Xcel Pharmaceuticals Inc • Pharmaceutical preparations • California
OMNIBUS AMENDMENT AND TERMINATION AGREEMENT (to certain documents and agreements described below)Omnibus Amendment and Termination Agreement • August 22nd, 2003 • Xcel Pharmaceuticals Inc • Pharmaceutical preparations • California
This Omnibus Amendment and Termination Agreement (this “Agreement”) is entered into as of March 31, 2003 by and among the following parties:
XCEL PHARMACEUTICALS, INC. SECOND AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT March 31, 2003Investors’ Rights Agreement • August 22nd, 2003 • Xcel Pharmaceuticals Inc • Pharmaceutical preparations • California
This Second Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made on the 31st day of March, 2003, by and among the following persons or entities:
FINANCING AGREEMENT Dated as of March 28, 2003 by and among XCEL PHARMACEUTICALS, INC., THE LENDERS FROM TIME TO TIME PARTY HERETO, REGIMENT CAPITAL III, L.P., as Collateral Agent and as Administrative AgentFinancing Agreement • August 22nd, 2003 • Xcel Pharmaceuticals Inc • Pharmaceutical preparations • New York
Financing Agreement, dated as of March 28, 2003, by and among XCEL PHARMACEUTICALS, INC., a Delaware corporation (the “Borrower”), the lenders from time to time party hereto (each a “Lender” and collectively, the “Lenders”), REGIMENT CAPITAL III, L.P., a Delaware limited partnership (“Regiment”), as collateral agent for the Lenders (in such capacity, together with any successor collateral agent, the “Collateral Agent”), and as administrative agent for the Lenders (in such capacity, together with any successor administrative agent, the “Administrative Agent” and together with the Collateral Agent, each an “Agent” and collectively, the “Agents”).
FORM OF INDEMNITY AGREEMENTIndemnification Agreement • August 22nd, 2003 • Xcel Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
THIS INDEMNITY AGREEMENT (“Agreement”), effective as of , , is entered into by and between Xcel Pharmaceuticals, Inc., a Delaware corporation (the “Corporation”), and [Name of Executive] (“Executive”). Capitalized terms used but not immediately defined shall have the meanings ascribed to such terms in Section 16 below.
