SUPPLY, DISTRIBUTION AND MARKETING AGREEMENTSupply, Distribution and Marketing Agreement • November 9th, 2006 • Oscient Pharmaceuticals Corp • Pharmaceutical preparations • New York
THIS SUPPLY, DISTRIBUTION AND MARKETING AGREEMENT (this “Agreement”) is made effective as of August 9, 2006 (the “Effective Date”) by and among Oscient Pharmaceuticals Corporation, a Massachusetts corporation with a principal place of business at 1000 Winter Street, Suite 2200, Waltham, Massachusetts (“Supplier”), Abbott International, LLC, a U.S. limited liability company with a place of business at 200 Abbott Park Road, Dept 64E, AP34-1, Abbott Park, IL 60064-6194 (“Purchaser”) and, solely for the purposes of Sections 1.1, 2.3, 2.5, 3.2(b), 3.3(c), 7, 8.2, 8.4, 9.4, 11, 13.3, 16, 18 and 19 herein, Abbott Laboratories, Ltd., a Canadian corporation with a place of business at 8401, Autoroute Trans Canada, Saint-Laurent, Québec (“Abbott Canada”) and solely for the purposes of Section 20, Abbott Laboratories, an Illinois corporation with a place of business at 100 Abbott Park Road, Abbott Park, Illinois 60064. Supplier, Purchaser and Abbott Canada are each hereafter referred to individua
REVENUE INTERESTS ASSIGNMENT AGREEMENT Dated as of July 21, 2006 and Restated as of August 18, 2006 between OSCIENT PHARMACEUTICALS CORPORATION, GUARDIAN II ACQUISITION CORPORATION and PAUL ROYALTY FUND HOLDINGS IIRevenue Interests Assignment Agreement • November 9th, 2006 • Oscient Pharmaceuticals Corp • Pharmaceutical preparations • New York
This REVENUE INTERESTS ASSIGNMENT AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”) is made and entered into as of July 21, 2006 by and among Oscient Pharmaceuticals Corporation, a Massachusetts corporation (the “Company”), Guardian II Acquisition Corporation, a wholly-owned Delaware subsidiary of the Company, and Paul Royalty Fund Holdings II, a California general partnership (“PRF”).
NOTE PURCHASE AGREEMENTNote Purchase Agreement • November 9th, 2006 • Oscient Pharmaceuticals Corp • Pharmaceutical preparations • New York
COMMON STOCK AND WARRANT PURCHASE AGREEMENT Dated as of July 21, 2006 between OSCIENT PHARMACEUTICALS CORPORATION and PAUL ROYALTY FUND HOLDINGS IICommon Stock and Warrant Purchase Agreement • November 9th, 2006 • Oscient Pharmaceuticals Corp • Pharmaceutical preparations • New York
COMMON STOCK AND WARRANT PURCHASE AGREEMENT (this “Agreement”), dated as of July 21, 2006 between Oscient Pharmaceuticals Corporation, a Massachusetts corporation (the “Company”) and Paul Royalty Fund Holdings II, a California general partnership (“PRF”).
Gary Patou, M.D. 26353 Esperanza Drive Los Altos, CA 94022 Dear Gary,Oscient Pharmaceuticals Corp • November 9th, 2006 • Pharmaceutical preparations
As we have discussed, with respect to the Letter Agreement signed by you and the Company dated January 11, 2004 (the “Letter Agreement”), we both agree that the Letter Agreement will continue to govern any consulting services you agree to provide to the Company and that effective July 1, 2006 Section 2(iii) of the Letter Agreement signed is amended to reflect (i) an increase in the hourly consulting rate from $350 to $450 and (ii) $4,000 daily maximum compensation.
