ASSET PURCHASE AGREEMENT by and among RELIANT PHARMACEUTICALS, INC. GUARDIAN II ACQUISITION CORPORATION and OSCIENT PHARMACEUTICALS CORPORATION Dated as of July 21, 2006Asset Purchase Agreement • November 1st, 2006 • Oscient Pharmaceuticals Corp • Pharmaceutical preparations • New York
THIS ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of July 21, 2006, is entered into by and among Reliant Pharmaceuticals, Inc., a Delaware corporation (“Reliant”), Guardian II Acquisition Corporation, a Delaware corporation (“Oscient”), and Oscient Pharmaceuticals Corporation, a Massachusetts corporation (“Parent”), solely for the purposes of Sections 6.2, 7.13(b) and 11.16 herein. Each of Reliant and Oscient is sometimes referred to herein, individually, as a “Party” and, collectively as the “Parties.” All capitalized terms used herein shall have the meanings specified in Article I below or elsewhere in this Agreement, as applicable.
AMENDED AND RESTATED DEVELOPMENT, LICENSE AND SUPPLY AGREEMENT dated as of July 31, 2006 between ETHYPHARM, S.A. 92213 Saint Cloud France and RELIANT PHARMACEUTICALS, INC. Liberty Corner, New Jersey 07938 United StatesConfidential Execution • November 1st, 2006 • Oscient Pharmaceuticals Corp • Pharmaceutical preparations • New Jersey
[*] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.
