0001193125-11-051907 Sample Contracts

AMENDED AND RESTATED EMPLOYMENT AGREEMENT (Benjamin J. Del Tito, Jr., Ph.D.)
Employment Agreement • March 1st, 2011 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations • Pennsylvania

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is entered into this 23rd day of December, 2010 by and between Auxilium Pharmaceuticals, Inc. (the “Company”) and Benjamin J. Del Tito, Jr., Ph.D. (“Executive”).

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DEVELOPMENT, COMMERCIALIZATION AND SUPPLY AGREEMENT DATED AS OF DECEMBER 17, 2008 BY AND AMONG AUXILIUM PHARMACEUTICALS, INC. AND AUXILIUM INTERNATIONAL HOLDINGS, INC. AND PFIZER INC.
Development, Commercialization and Supply Agreement • March 1st, 2011 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations • New York

This Development, Commercialization and Supply Agreement (this “Agreement”), dated as of December 17, 2008 (the “Effective Date”), is made by and among Auxilium Pharmaceuticals, Inc., a Delaware corporation, and Auxilium International Holdings, Inc., a Delaware corporation, (together referred to as “Auxilium”), and Pfizer, Inc., a Delaware corporation (“Pfizer”). Auxilium and Pfizer are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

FIRST LOAN MODIFICATION AND WAIVER AGREEMENT
Loan Modification Agreement • March 1st, 2011 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations

This First Loan Modification and Waiver Agreement (this “Loan Modification Agreement”) is entered into on February , 2011, by and between (i) SILICON VALLEY BANK, a California corporation with a loan production office located at 100 Matsonford Road, Building 5, Suite 555, Radnor, Pennsylvania 19087 (“Bank”), and (ii) AUXILIUM PHARMACEUTICALS, INC., a Delaware corporation (“Auxilium”) with offices located at 40 Valley Stream Parkway, Malvern, Pennsylvania 19355, AUXILIUM INTERNATIONAL HOLDINGS, INC., a Delaware corporation with offices at 1105 North Market Street, Suite 1300, P.O. Box 8985, Wilmington, Delaware 19899-8985, and AUXILIUM US HOLDINGS, LLC, a Delaware limited liability company, with offices located at 1105 North Market Street, Suite 1300, P.O. Box 8985, Wilmington, Delaware 19899-8985 (individually and collectively, jointly and severally, the “Borrower”).

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