ACCENTIA ASSUMPTION OF DEBT AND SECURITY AGREEMENTAssumption of Debt and Security Agreement • June 13th, 2005 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • California
THIS ACCENTIA ASSUMPTION OF DEBT AND SECURITY AGREEMENT (this “Agreement”), dated as of December 31, 2003, is made and executed by and between ACCENTIA, INC., a Florida corporation (“Accentia”) and McKESSON CORPORATION, a Delaware corporation (“Secured Party” or “McKesson”) pursuant to that certain “Forbearance Agreement” dated as of December 9, 2003 by and among, McKesson, Accentia and Accent Rx and is based on the Recitals set forth in said Forbearance Agreement (all of which are incorporated herein by this reference), and also upon following facts and understandings:
ACCENTIA, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 13th, 2005 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Florida
This Registration Rights Agreement (this “Agreement”) is made as of April 3, 2002, by and among Accentia, Inc., a Florida corporation (the “Company”), and Steven Arikian, M.D., John Doyle, Julian Casciano and Roman Casciano (the “Series B Stockholders”).
DISTRIBUTION AGREEMENTDistribution Agreement • June 13th, 2005 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • North Carolina
THIS DISTRIBUTION AGREEMENT, effective as of March 12, 2004, (the “Effective Date”) between Arius Pharmaceuticals, Inc., a corporation organized and existing under the laws of Delaware, with its principal address of P.O. Box 14601, Research Triangle Park, NC 27709 (“Arius”), and TEAMM Pharmaceuticals, Inc., a Delaware corporation and subsidiary of Accentia, Inc., a Florida corporation, having its principal place of business at 3000 Aerial Center Parkway, Suite 110, Morrisville, North Carolina 27560 (“TEAMM”).
FORM OF] INDEMNITY AGREEMENTIndemnification Agreement • June 13th, 2005 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Florida
THIS INDEMNITY AGREEMENT (“Agreement”) is made and entered into as of this day of , 200 , by and between Accentia Biopharmaceuticals, Inc., a Florida corporation (the “Company”), and , a director and/or officer of the Company (the “Executive”).
MANUFACTURING AND SUPPLY AGREEMENTManufacturing and Supply Agreement • June 13th, 2005 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Georgia
THIS MANUFACTURING AND SUPPLY AGREEMENT (the “Agreement”) is made and entered into this 6 day of June, 2003 (the “Effective Date”), by and between TEAMM PHARMACEUTICALS, INC. (“TEAMM”) and MIKART, INC. (“Mikart”). Mikart is a Georgia corporation with its principal place of business at 1750 Chattahoochee Avenue, Atlanta, Georgia 30318. TEAMM is a Florida corporation with its principal place of business at 3000 Aerial Center Parkway, Suite 110, Morrisville, North Carolina 27560.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 13th, 2005 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • New York
This Agreement is made pursuant to (i) the Securities Purchase Agreement, dated as of the date hereof, by and between the Purchaser and the Company (as amended, modified and/or supplemented from time to time, the “Securities Purchase Agreement”), and pursuant to the Note and the Warrants referred to therein and (ii) the Security Agreement, dated as of the date hereof, by and among the Purchaser, the Company and various subsidiaries of the Company (as amended, modified or supplemented from time to time, the “Security Agreement”), and pursuant to the Notes and the Warrants referred to therein.
