AGREEMENT EMISPHERE TECHNOLOGIES, INC. NOVARTIS PHARMA AG MHR INSTITUTIONAL PARTNERS IIA LPLoan Agreement • June 9th, 2010 • MHR Capital Partners Master Account LP • Pharmaceutical preparations • New York
LICENSE AGREEMENTLicense Agreement • June 9th, 2010 • MHR Capital Partners Master Account LP • Pharmaceutical preparations • New York
THIS LICENSE AGREEMENT (this “License Agreement”) is executed as of June 4, 2010 (but shall not have any force or effect until the License Agreement Effective Date as defined and as provided herein) by MHR Institutional Partners IIA LP, a Delaware limited partnership with offices at 40 West 57th Street, 24th Floor, New York, NY 10019 (“MHR”) and Novartis Pharma AG, a company registered in Switzerland with offices at Novartis Campus, Forum 1 CH-4056 Basel, Switzerland (“Novartis”).
