AGREEMENT REGARDING REDEMPTION OF WARRANTS AND EXERCISE OF STOCK PURCHASE RIGHTStock Purchase Right • July 8th, 2008 • MiddleBrook Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This Agreement Regarding Redemption of Warrants and Exercise of Stock Purchase Right (“Agreement”) is dated as of the 1st day of July, 2008 (the “Effective Date”) by and among (i) MiddleBrook Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and (ii) Deerfield Private Design Fund, L.P., a Delaware limited partnership (“Deerfield Design”), Deerfield Private Design International, L.P., a British Virgin Islands limited partnership (“Deerfield Design International”), Deerfield Special Situations Fund, L.P., a Delaware limited partnership (“Deerfield Special Situations”), Deerfield Special Situations Fund International Limited, a British Virgin Islands limited company (“Deerfield Special Situations International” and collectively with Deerfield Design, Deerfield Design International and Deerfield Special Situations, the “Deerfield Entities”), Kef Pharmaceuticals, Inc., a Delaware corporation (“Kef”), Lex Pharmaceuticals, Inc., a Delaware corporation (“Lex”), and Deerfield Manag
