BIOFORM MEDICAL, INC. [ ] Shares of Common Stock, par value $0.01 per share Underwriting AgreementUnderwriting Agreement • October 22nd, 2007 • Bioform Medical Inc • Pharmaceutical preparations • New York
BioForm Medical, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of shares of common stock, par value $0.01 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional shares of common stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of common stock of the Company to be outstanding after giving effect to the sale of the Shares are herein referred to as the “Stock”.
EXCLUSIVE DEVELOPMENT, DISTRIBUTION, AND SUPPLY AGREEMENTDistribution, and Supply Agreement • October 22nd, 2007 • Bioform Medical Inc • Pharmaceutical preparations • New York
This EXCLUSIVE DEVELOPMENT, DISTRIBUTION, AND SUPPLY AGREEMENT (the “Agreement”) is entered into as of October 27th, 2006 (the “Effective Date”), by and between (i) CryoLife, Inc., a Florida corporation, having a principal place of business at 1655 Roberts Blvd. NW, Kennesaw, Georgia 30144 (“Supplier”), and (ii) BioForm Medical, Inc., a Delaware corporation having a principal place of business at 1875 South Grant Street, Suite 110, San Mateo, California 94402 (“BioForm”).
LICENSING and DISTRIBUTION AGREEMENTConfidential Treatment • October 22nd, 2007 • Bioform Medical Inc • Pharmaceutical preparations
Chemische Fabrik KREUSSLER & Co. GmbH with its registered office in 65203 Wiesbaden, Federal Republic of Germany, at Rheingaustrasse 87 - 93 (hereinafter referred to as KREUSSLER)
SUPPLY AGREEMENTSupply Agreement • October 22nd, 2007 • Bioform Medical Inc • Pharmaceutical preparations • Delaware
This Agreement made and entered into this 2nd day of May 2005 (hereinafter “EFFECTIVE DATE”) by and between BIOFORM MEDICAL, INC. 4133 Courtney Rd, Franksville, Wisconsin, 53404, USA (hereinafter “BIOFORM”) and, CERAMED DENTAL, LLC, doing business as DENTSPLY FRIADENT CERAMED, 12860 West Cedar Drive, Lakewood, Colorado 80228 (hereinafter “DFC”).
EXCLUSIVE SUPPLY AGREEMENT CONFIDENTIALExclusive Supply Agreement Confidential • October 22nd, 2007 • Bioform Medical Inc • Pharmaceutical preparations • New Jersey
This Agreement made and entered into this 11th day of November 1997, ( hereinafter “EFFECTIVE DATE”) by and between ConvaTec, a Division of E.R. Squibb and Sons, Inc., 100 Headquarters Park Drive, Skillman, New Jersey 08558, USA (hereinafter “CONVATEC”) and, CAM IMPLANTS B.V., Zernikedreef 6, 2333 CL Leiden, The Netherlands (hereinafter “CAM”).
