CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS ARE MARKED WITH [***] AND HAVE BEEN FILED SEPARATELY WITH THE SEC. ASSET PURCHASE AGREEMENTAsset Purchase Agreement • August 14th, 2013 • Imprimis Pharmaceuticals, Inc. • Pharmaceutical preparations • California
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) dated as of June 11, 2013 (the “Effective Date”), is entered into between BUDERER DRUG COMPANY, INC., an Ohio corporation (“Buderer”), with a place of business at 633 Hancock Street, Sandusky, Ohio 44870, and IMPRIMIS PHARMACEUTICALS, INC., a Delaware corporation (“Imprimis”), with a place of business at 12626 High Bluff Drive, Suite 150, San Diego, California 92130. The parties hereby agree as follows:
IMPRIMIS PHARMACEUTICALS, INC. PERFORMANCE STOCK UNITS AGREEMENTPerformance Stock Units Agreement • August 14th, 2013 • Imprimis Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
On May 2, 2013 (the “Grant Date”), Imprimis Pharmaceuticals, Inc., a Delaware corporation (the “Company”), has awarded to Mark Baum (“Grantee”) a targeted number of 1,050,000 (the “Target Number”) Performance Stock Units (the “Performance Stock Units” or “Award”) to be calculated and determined as discussed below. Each Performance Stock Unit will represent an unfunded and unsecured promise of the Company to deliver shares of common stock, par value $0.01 per share, of the Company (the “Shares”) to Grantee as set forth herein. Each Performance Stock Unit will be subject to forfeiture until the date such Performance Stock Unit vests pursuant to Paragraph 1 of this Agreement. The Performance Stock Units have been granted pursuant to the Imprimis Pharmaceuticals, Inc. Amended and Restated 2007 Incentive Stock and Awards Plan (the “Plan”), and shall be subject to all provisions of the Plan, which are incorporated herein by reference, and shall be subject to the provisions of this Agreement.
