ROYALTY AGREEMENT BETWEEN BIOVEST INTERNATIONAL, INC. AND ACCENTIA BIOPHARMACEUTICALS, INC.Royalty Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Royalty Agreement (this “Agreement”) effective as of October 31, 2006, by and between BIOVEST INTERNATIONAL, INC., a Delaware corporation (“Biovest”) and ACCENTIA BIOPHARMACEUTICALS, INC., a Florida corporation, (“Accentia”) (collectively the “Parties”).
Biolender Purchase AgreementPurchase Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Purchase Agreement (this “Agreement”) is dated as of October 31, 2006, is made by and between Biovest International, Inc., a Delaware corporation (“Biovest”) and Accentia Biopharmaceuticals, Inc. a Florida Corporation (“Accentia”).
TERMINATION AGREEMENT BETWEEN BIOVEST INTERNATIONAL, INC. AND ACCENTIA BIOPHARMACEUTICALS, INC.Termination Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Termination Agreement (this “Termination Agreement”) effective as of October 31, 2006, by and between BIOVEST INTERNATIONAL, INC., a Delaware corporation (“BIOVEST”) and ACCENTIA BIOPHARMACEUTICALS, INC., f/k/a Accentia, Inc., a Florida corporation, (“ACCENTIA”) (collectively the “Parties”).
CONSENTConsent • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
This Consent (the “Consent”), dated as of October 31, 2006, is entered into by and among Accentia Biopharmaceuticals, Inc., a Florida corporation (“Accentia”), Analytica International, Inc. (formerly The Analytica Group, Inc.), a Florida corporation (“Analytica”), Biolender, LLC, a Delaware limited liability company (“Biolender”), TEAMM Pharmaceuticals, Inc., a Florida corporation (“TEAMM” and together with Accentia, Analytica, TEAMM and Biolender, the “Accentia Credit Parties” and each, an “Accentia Credit Party”), and Laurus Master Fund, Ltd., a Cayman Islands company (“Laurus”), in connection with (i) that certain Note and Warrant Purchase Agreement (as amended, modified or supplemented from time to time, the “Purchase Agreement” and, together with the Related Agreements and Security Documents, each as defined therein, the “Biovest Funding Documents”), dated as of March 31, 2006, by and between Biovest International, Inc., a Delaware corporation (“Biovest”, together with the Accenti
ASSET PURCHASE AGREEMENT By and between VICTORY PHARMACEUTICALS AND ACCENTIA BIOPHARMACEUTICALS, INC. AND TEAMM PHARMACEUTICALS, INC. October 27, 2006Asset Purchase Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Florida
This Agreement between TEAMM Pharmaceuticals, Inc., a Florida Corporation having a place of business at 2501 Aerial Center Parkway, Morrisville, NC 27560 and its parent company, Accentia Biopharmaceuticals, Inc. (hereinafter each individually, and both collectively, “ACCENTIA”), a Florida corporation having a place of business at 324 S. Hyde Park Avenue, Suite 350, Tampa, FL 33606, and Victory Pharma, Inc., a California corporation with a place of business at 12707 High Bluff Drive, Suite 200; San Diego, CA 92130(“VICTORY”) made this 27th day of October, 2006 (the “Closing Date”), is as follows:
ContractWarrant Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • New York
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS WARRANT AND THE COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS WARRANT UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO ACCENTIA BIOPHARMACEUTICALS, INC. AND BIOVEST INTERNATIONAL, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.
MUTUAL TERMINATION AGREEMENTMutual Termination Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • California
This Mutual Termination Agreement (this “Agreement”) is dated October 25, 2006 (the “Effective Date” hereof) by and among Acheron Development Group, LLC, a California limited liability company (“Acheron”), Accentia, Inc., a Florida corporation (“Accentia”), and TEAMM Pharmaceuticals, Inc. ., a Florida corporation (“TEAMM”).
FIFTH AMENDMENT TO DISTRIBUTION AGREEMENTDistribution Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • California
This Fifth Amendment to Distribution Agreement (this “Fifth Amendment”) is dated October 25, 2006 (the “Effective Date” hereof) by and among Argent Development Group, LLC, a California limited liability company (“Argent”), Accentia, Inc., a Florida corporation (“Accentia”), and TEAMM Pharmaceuticals, Inc., a Florida corporation (“TEAMM”).
Amendatory and Supplemental Letter AgreementAmendatory and Supplemental Letter Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
This Amendatory and Supplement Letter Agreement (this “Amendatory and Supplemental Letter Agreement”) is with regard to the Letter Agreement dated October 4, 2006, among Ryan Pharmaceuticals, Inc. (“Ryan”) and Argent Development Group, LLC (“Argent”), on the one hand, and Accentia Biopharmaceuticals, Inc. and TEAMM Pharmaceuticals, Inc. (hereafter collectively “Accentia/TEAMM”), on the other hand (the “Letter Agreement”), which Letter was signed on behalf of all of the parties on October 5, 2006.
MUTUAL TERMINATION AGREEMENTMutual Termination Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • California
This Mutual Termination Agreement (this “Agreement”) is dated October 25, 2006 (the “Effective Date” hereof) by and among Ryan Pharmaceuticals, Inc. a Delaware limited liability company (“Ryan”), Accentia, Inc., a Florida corporation (“Accentia”), and TEAMM Pharmaceuticals, Inc., a Florida corporation (“TEAMM”).
October 31, 2006 Nicholas J. Leb Cary NC 27519Settlement Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
This Letter Agreement sets forth the terms of a settlement superseding and amending your employment agreement(s) with TEAMM Pharmaceuticals, Inc. and resolving all outstanding issues, compensation, contractual rights and entitlements of any nature including but not limited to rights to severance and other compensation and all other rights or claims arising from all current and past employment agreements and relationships of Nicholas J. Leb (“Employee”) with: (i) TEAMM Pharmaceuticals, Inc.(“TEAMM”), (ii) Accentia Biopharmaceuticals, Inc.(“Accentia”), and (iii) all subsidiaries of Accentia; Accentia, all Accentia Subsidiaries, and TEAMM are collectively referred to at times herein as the “Entities”.
Mikart, Inc. Letterhead] October 27, 2006Manufacturing and Supply Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
December 15, 2006 Pharmaco Investments, Inc. Pharmaceutical Product Development, Inc.Royalty Stream Purchase Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
October 24, 2006 Martin G. Baum Apex, NC 27523Settlement Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Florida
This letter agreement sets forth the terms of a settlement resolving all outstanding issues, compensation, contractual rights and entitlements of any nature including but not limited to rights to severance and other compensation and all other rights or claims arising from all current and past employment agreements and relationships of Martin G. Baum (“Employee”) with: (i) TEAMM Pharmaceuticals, Inc. (“TEAMM”), (ii) Accentia Biopharmaceuticals, Inc. (“Accentia”), and (iii) all subsidiaries of Accentia including but without limitation Biovest International, Inc. (“Biovest”) (collectively “All Accentia Subsidiaries”); Accentia, All Accentia Subsidiaries, and TEAMM are collectively referred to at times herein as the “Entities”. This Letter Agreement is entered into by Employee and Accentia for good and valuable consideration in hand received and is a binding contract.
SIXTH AMENDMENT TO DISTRIBUTION AGREEMENTDistribution Agreement • December 29th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • California
This Sixth Amendment to Distribution Agreement (this “Sixth Amendment”) is dated October 25, 2006 (the “Effective Date” hereof) by and among Argent Development Group, LLC, a California limited liability company (“Argent”), Accentia, Inc., a Florida corporation (“Accentia”), and TEAMM Pharmaceuticals, Inc., a Florida corporation (“TEAMM”).
