SAVIENT PHARMACEUTICALS, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of January [ ], 2011 [ . ]% Convertible Senior Notes due 2018Indenture • January 31st, 2011 • Savient Pharmaceuticals Inc • Medicinal chemicals & botanical products • New York
INDENTURE dated as of January [ ], 2011 between SAVIENT PHARMACEUTICALS, INC., a Delaware corporation, as issuer (the “Company”, as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”, as more fully set forth in Section 1.01).
SAVIENT PHARMACEUTICALS, INC. [—]% Convertible Senior Notes due [February 1], 20[18] Underwriting AgreementUnderwriting Agreement • January 31st, 2011 • Savient Pharmaceuticals Inc • Medicinal chemicals & botanical products • New York
Savient Pharmaceuticals, 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 representative (the “Representative”), $[125,000,000] principal amount of its [—]% Convertible Senior Notes due 20[18] (the “Underwritten Securities”) and, at the option of the Underwriters, up to an additional $[18,750,000] principal amount of its [—]% Convertible Senior Notes due 20[18] (the “Option Securities”) if and to the extent that the Underwriters shall have determined to exercise the option to purchase such [—]% Convertible Senior Notes due 20[18] granted to the Underwriters in Section 2 hereof. The Underwritten Securities and the Option Securities are herein referred to as the “Securities”. The Securities will be convertible into shares (the “Underlying Securities”) of common stock of the Company, par value $0.01 per share (the “Common Stock”). The Securities will be issued p
