EMPLOYEE AGREEMENT CONFIDENTIALITY, NON-SOLICITATION, NON-COMPETITION AND DEVELOPMENTS AGREEMENTEmployee Agreement • March 26th, 2019 • Akebia Therapeutics, Inc. • Pharmaceutical preparations • Massachusetts
In consideration of my [employment/continued employment] by Akebia Therapeutics, Inc. (“Akebia” or the “Company”), my access to Akebia confidential and proprietary business information and the discretionary grant to me of equity in the Company, I hereby covenant and agree with the Company as follows:
Officer Restricted Stock Unit AwardRestricted Stock Unit Award • March 26th, 2019 • Akebia Therapeutics, Inc. • Pharmaceutical preparations
This agreement (the “Agreement”) evidences the grant of a restricted stock unit award by Akebia Therapeutics, Inc. (the “Company”) to the undersigned (the “Participant”), pursuant to and subject to the terms of the Akebia Therapeutics, Inc. 2014 Incentive Plan (as amended from time to time, the “Plan”). For purposes of this Agreement, the “Grant Date” will mean [●].
EXCLUSIVE DISTRIBUTION AGREEMENTExclusive Distribution Agreement • March 26th, 2019 • Akebia Therapeutics, Inc. • Pharmaceutical preparations • Delaware
This Exclusive Distribution Agreement (the “Agreement”) is made as of this 16th day of October, 2014 (the “Effective Date”), between Keryx Biopharmaceuticals, Inc., a Delaware corporation, with an address of 750 Lexington, 20th Floor, New York, NY 10022 (“Client”), and Cardinal Health 105, Inc., an Ohio corporation, with a place of business at 15 Ingram Boulevard, Suite 100, LaVergne, Tennessee, 37086 (“Cardinal Health”) each individually a (“Party”) and collectively (the “Parties”).
AKEBIA AND KERYX UNAUDITED PRO FORMA CONDENSED COMBINED FINANCIAL STATEMENTSCondensed Combined Financial Statements • March 26th, 2019 • Akebia Therapeutics, Inc. • Pharmaceutical preparations
On June 28, 2018, Keryx Biopharmaceuticals, Inc. (“Keryx”), Akebia Therapeutics, Inc. (“Akebia”), and Alpha Therapeutics Merger Sub, Inc., a wholly owned subsidiary of Akebia (“Merger Sub”), entered into an Agreement and Plan of Merger, dated as of June 28, 2018, as amended on October 1, 2018 (and as amended from time to time, the “Merger Agreement”). On December 12, 2018, the merger contemplated by the Merger Agreement (the “Merger”) was completed through a merger of Merger Sub with and into Keryx, with Keryx becoming a wholly owned subsidiary of Akebia.
MANUFACTURE AND SUPPLY AGREEMENT Between BIOVECTRA INC. And KERYX BIOPHARMACEUTICALS, INC.Manufacture and Supply Agreement • March 26th, 2019 • Akebia Therapeutics, Inc. • Pharmaceutical preparations
This manufacture and supply agreement (“Agreement”) is made and entered into on May 26, 2017 by and between BioVectra Inc., with its registered offices at 11 Aviation Avenue, Charlottetown, PEI, C1E 0A1, Canada (“BioVectra”) and Keryx Biopharmaceuticals, Inc., with its offices at One Marina Park Drive, 12th floor, Boston, Massachusetts, USA, 02210 (“Keryx”).
CONFIDENTIALLetter Agreement • March 26th, 2019 • Akebia Therapeutics, Inc. • Pharmaceutical preparations • New York
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omissions.
