Dated September 29, 2010 - and - A general partnership of Craig Aronchick William H. Lipshutz and Scott H. Wright - and - Salix Pharmaceuticals, Inc. SECOND AMENDMENT TO LICENSE AGREEMENTLicense Agreement • November 9th, 2010 • Salix Pharmaceuticals LTD • Pharmaceutical preparations • New York
NOW THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
Dated September 29, 2010 Salix Pharmaceuticals, Inc. - and - - and - A general partnership of Craig Aronchick William H. Lipshutz and Scott H. Wright - and - Novel Laboratories, Inc. SUBLICENSE AGREEMENT (Osmoprep®)Sublicense Agreement • November 9th, 2010 • Salix Pharmaceuticals LTD • Pharmaceutical preparations • New York
THIS SUBLICENSE AGREEMENT (this “Agreement”) is made the 29th day of September, 2010 (the “Execution Date”), between SALIX PHARMACEUTICALS, INC., a California corporation (“Sublicensor”); CDC III, LLC, a Delaware limited liability company (“CDC III”); a general partnership of Craig Aronchick, William H. Lipshutz, and Scott H. Wright (the “General Partnership”; each of the General Partnership and CDC III, a “Licensor”, and together, the “Licensors”); and NOVEL LABORATORIES, INC., a Delaware corporation (“Sublicensee”). In this Agreement, Sublicensor, Sublicensee, CDC III and the General Partnership are referred to together as the “Parties” and each is referred to as a “Party.”
Dated August 27, 2010 Salix Pharmaceuticals, Inc. - and - Norgine B.V. Norgine Europe B.V. - and - Novel Laboratories, Inc. - and - Actavis Inc. SETTLEMENT AGREEMENTSettlement Agreement • November 9th, 2010 • Salix Pharmaceuticals LTD • Pharmaceutical preparations • New York
Plaintiffs Salix Pharmaceuticals, Inc. (hereinafter “Salix”) and Norgine B.V. and Norgine Europe B.V. (hereinafter collectively “Norgine”) and defendant Novel Laboratories, Inc. (hereinafter “Novel”) have agreed to terms and conditions representing a negotiated settlement of this action and have set forth those terms and conditions in a Settlement Agreement among Salix, Norgine, Novel and Actavis Inc., a Sublicense Agreement among Salix, Norgine and Novel, and a Supply Agreement between Salix, Novel and Actavis Inc. Accordingly, Salix, Norgine and Novel, by their respective undersigned attorneys, hereby stipulate and consent to the entry of a judgment and an injunction in this action pursuant to Fed. R. Civ. P. 41(a)(2) as follows:
SUPPLY AGREEMENT between SALIX PHARMACEUTICALS, INC. and NOVEL LABORATORIES, INC. Dated as of September 29, 2010 (Osmoprep®)Supply Agreement • November 9th, 2010 • Salix Pharmaceuticals LTD • Pharmaceutical preparations • New York
This SUPPLY AGREEMENT (this “Agreement”), dated as of September 29, 2010 (the “Effective Date”), is made by and between Salix Pharmaceuticals, Inc., a California corporation (“Salix”), and Novel Laboratories, Inc., a Delaware corporation (“Novel”). Salix and Novel are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
SUPPLY AGREEMENT between SALIX PHARMACEUTICALS, INC. and ACTAVIS INC. and NOVEL LABORATORIES, INC. Dated as of August 27, 2010Supply Agreement • November 9th, 2010 • Salix Pharmaceuticals LTD • Pharmaceutical preparations • New York
This SUPPLY AGREEMENT (this “Agreement”), dated as of August 27, 2010 (the “Effective Date”), is made by and between Salix Pharmaceuticals, Inc., a California corporation (“Salix”), Actavis Inc., a Delaware corporation (“Actavis”), and Novel Laboratories, Inc., a Delaware corporation (“Novel”). Salix, Actavis and Novel are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Dated 27 August 2010 Norgine B.V. - and - Salix Pharmaceuticals, Inc. FIRST AMENDMENT TO LICENSE AND SUPPLY AGREEMENT COVINGTON & BURLING LLP London WC2R 1BH, England Tel +44 (0)20 7067 2000License and Supply Agreement • November 9th, 2010 • Salix Pharmaceuticals LTD • Pharmaceutical preparations • England and Wales
Dated September 29, 2010 Salix Pharmaceuticals, Inc. - and - CDC III, LLC - and - A general partnership of Craig Aronchick William H. Lipshutz and Scott H. Wright - and - Novel Laboratories, Inc. - and - Actavis Inc. SETTLEMENT AGREEMENT (OSMOPREP®)Settlement Agreement • November 9th, 2010 • Salix Pharmaceuticals LTD • Pharmaceutical preparations • New York
Plaintiffs Salix Pharmaceuticals, Inc. (hereinafter “Salix”) and CDC III, LLC (hereinafter “CDC III”), and defendant Novel Laboratories, Inc. (hereinafter “Novel”) have agreed to terms and conditions representing a negotiated settlement of this action and have set forth those terms and conditions in a Settlement Agreement among Salix; CDC III; the general partnership of Craig Aronchick, William H. Lipshutz, and Scott H. Wright (the “General Partnership”); Novel; and Actavis Inc. (“Actavis”); a Sublicense Agreement among Salix, CDC III, the General Partnership, and Novel; and a Supply Agreement between Salix and Novel. Accordingly, Salix, CDC III and Novel, by their respective undersigned attorneys, hereby stipulate and consent to the entry of a judgment and an injunction in this action pursuant to Fed. R. Civ. P. 41(a)(2) as follows:
Dated August 27 2010 Salix Pharmaceuticals, Inc. - and - Norgine B.V. Norgine Europe B.V. - and - Novel Laboratories, Inc. SUBLICENSE AGREEMENTSublicense Agreement • November 9th, 2010 • Salix Pharmaceuticals LTD • Pharmaceutical preparations • New York
THIS SUBLICENSE AGREEMENT (this “Agreement”) is made the 27th day of August, 2010 (the “Execution Date”), between SALIX PHARMACEUTICALS, INC., a California corporation (“Sublicensor”); NORGINE B.V. and NORGINE EUROPE B.V., both Dutch companies (together, “Norgine”); and NOVEL LABORATORIES, INC., a Delaware corporation (“Sublicensee”). In this Agreement, Sublicensor, Norgine and Sublicensee are referred to together as the “Parties” and each is referred to as a “Party.”
