FORM OF SUPPORT AGREEMENTSupport Agreement • November 21st, 2012 • Dusa Pharmaceuticals Inc • Pharmaceutical preparations • New Jersey
This SUPPORT AGREEMENT (this “Agreement”), is dated as of November 8, 2012 by and among Sun Pharmaceutical Industries Limited, a corporation incorporated under the laws of India (“Parent”), Caraco Acquisition Corporation, a New Jersey corporation and an indirect wholly owned subsidiary of Parent (“Merger Sub”), and [ ] (“Shareholder”) in his capacity as a shareholder of DUSA Pharmaceuticals, Inc., a New Jersey corporation (the “Company”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Merger Agreement (defined below).
May 11, 2012 CONFIDENTIAL AND PROPRIETARY James Hattersley Vice President, Corp. Business Development Sun Pharmaceutical Industries, Inc.Dusa Pharmaceuticals Inc • November 21st, 2012 • Pharmaceutical preparations • New Jersey
November 21, 2012 Dear DUSA Shareholder:Dusa Pharmaceuticals Inc • November 21st, 2012 • Pharmaceutical preparations
We are pleased to inform you that on November 8, 2012, DUSA Pharmaceuticals, Inc. (“DUSA”) entered into an Agreement and Plan of Merger (the “Merger Agreement”) with Sun Pharmaceutical Industries Limited, a corporation organized under the laws of India (“Sun Pharma”), and Caraco Acquisition Corporation, a New Jersey corporation and an indirect wholly-owned subsidiary of Sun Pharma (“Acquisition Sub”). Sun Pharma assigned its rights under the Merger Agreement as of November 16, 2012 to Caraco Pharmaceutical Laboratories, Ltd. (“CPL”), a Michigan corporation, a subsidiary of Sun Pharma and the direct parent of Acquisition Sub.
