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Promotion Agreement
Promotion Agreement (168K)
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3511521
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Promotion Agreement
Promotion Agreement (171K)
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3743091
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Promotion Agreement
Promotion Agreement (23K)
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Oberon Media, INC.
SOFTWARE PRODUCT LICENSING AND SOFTWARE GAME DISTRIBUTION AND
PROMOTION AGREEMENT
This Software Product Licensing, and Game Software Distribution and Promotion Agreement (this �Agreement�) is effective as of, Jan 7th 2004 (the �Effective Date�), by and between Oberon Media, Inc., a Delaware corporation further described below (�Licensor�), and IncrediMail, Ltd., a Software corporation, located at Tel Aviv Israel (�Partner�), and describes the terms and conditions relating to Partner�s use, distribution and promotion of Licensor�s game software and other software . . .
1392480
| | |
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Promotion Agreement
Promotion Agreement (162K)
Doc #2284937: Click preview link for longer preview.
PROMOTION AGREEMENT
This PROMOTION AGREEMENT (this �Agreement�) is made as of June 27, 2006 (the �Effective Date�), by and between Depomed, Inc., a California corporation (�Depomed�), and King Pharmaceuticals, Inc., a Tennessee corporation (�King�). Each of Depomed and King is referred to herein individually as a �party� and collectively as the �parties.�
WHEREAS, Depomed desires to engage King to promote and market the Product in the Territory (each as defined below), and King desires to promote and market the Product, all in accordance with the terms and conditions contained herein; . . .
2284937
|
DepoMed
As referenced in this Promotion Agreement:
Depomed, Inc – 24B-2 OF THE EXCHANGE ACT OF 1934.
EXECUTION COPY
PROMOTION AGREEMENT
This PROMOTION AGREEMENT (this Agreement) is made as of June 27, 2006 (the Effective Date), by and between Depomed, Inc ., a California corporation (Depomed), and King Pharmaceuticals, Inc., a Tennessee corporation (King). Each of Depomed and King is referred to herein individually as a party and collectively as the _____________
Depomed, inc – recall (including recall of packaging and promotion materials), market withdrawals or any other corrective action related to the Product. Depomed shall promptly notify King of any such actions taken by Depomed, inc luding all actions that are reasonably likely to result in a material adverse effect on the marketability of the Product in the Territory. At Depomeds request, King shall provide assistance _____________
Depomed, Inc – mailed postage prepaid by certified or registered mail (return receipt requested), or sent by a nationally recognized express courier service, or hand-delivered at the following address:
If to Depomed:
Depomed, Inc .
1360 OBrien Drive
Menlo Park, California 94025
Attention: President
Fax No.: (650) 462-9991
With a copy to:
Heller Ehrman LLP
275 Middlefield Road
Menlo Park, CA 94025
Attention: _____________
DEPOMED, INC – of such party.
47
[Signature page follows]
48
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate on the day and year first above written.
DEPOMED, INC .
By:
/s/ John W. Fara
Name:
John W. Fara
Title:
President and CEO
KING PHARMACEUTICALS, INC.
By:
/s/ Brian A. Markison
Name:
Brian A. Markison
Title:
President and CEO
_____________
DEPOMED, INC – Name:
John W. Fara
Title:
President and CEO
KING PHARMACEUTICALS, INC.
By:
/s/ Brian A. Markison
Name:
Brian A. Markison
Title:
President and CEO
49
PROMOTION AGREEMENT
by and between
DEPOMED, INC .
and
KING PHARMACEUTICALS, INC.
Dated as of June 27, 2006
SCHEDULES
Schedule 1.33 Depomed Trademarks
Schedule 1.54 King Trademarks
Schedule 1.56 Initial Launch Plan
Schedule 3. _____________
dt 1573520
;
King Pharma
As referenced in this Promotion Agreement:
King Pharmaceuticals, Inc – 1934.
EXECUTION COPY
PROMOTION AGREEMENT
This PROMOTION AGREEMENT (this Agreement) is made as of June 27, 2006 (the Effective Date), by and between Depomed, Inc., a California corporation (Depomed), and King Pharmaceuticals, Inc ., a Tennessee corporation (King). Each of Depomed and King is referred to herein individually as a party and collectively as the parties.
WHEREAS, Depomed desires to engage King to _____________
King Pharmaceuticals, Inc – Fax No.: (650) 462-9991
With a copy to:
Heller Ehrman LLP
275 Middlefield Road
Menlo Park, CA 94025
Attention: Julian Stern
Fax No: (650) 324-0638
If to King:
King Pharmaceuticals, Inc .
501 Fifth Street
Bristol, Tennessee 37620
Attn: Legal Affairs Department
Facsimile: (423) 990-2566
All notices shall be deemed made upon receipt by the addressee as evidenced by the _____________
KING PHARMACEUTICALS, INC – this Agreement to be executed in duplicate on the day and year first above written.
DEPOMED, INC.
By:
/s/ John W. Fara
Name:
John W. Fara
Title:
President and CEO
KING PHARMACEUTICALS, INC .
By:
/s/ Brian A. Markison
Name:
Brian A. Markison
Title:
President and CEO
49
PROMOTION AGREEMENT
by and between
DEPOMED, INC.
and
KING PHARMACEUTICALS, INC.
Dated as of June _____________
KING PHARMACEUTICALS, INC – Fara
Title:
President and CEO
KING PHARMACEUTICALS, INC.
By:
/s/ Brian A. Markison
Name:
Brian A. Markison
Title:
President and CEO
49
PROMOTION AGREEMENT
by and between
DEPOMED, INC.
and
KING PHARMACEUTICALS, INC .
Dated as of June 27, 2006
SCHEDULES
Schedule 1.33 Depomed Trademarks
Schedule 1.54 King Trademarks
Schedule 1.56 Initial Launch Plan
Schedule 3.2 JCC Members
Schedule _____________
dt 1551188
;
|
Heller Ehrman
As referenced in this Promotion Agreement:
Heller Ehrman – or hand-delivered at the following address:
If to Depomed:
Depomed, Inc.
1360 OBrien Drive
Menlo Park, California 94025
Attention: President
Fax No.: (650) 462-9991
With a copy to:
Heller Ehrman LLP
275 Middlefield Road
Menlo Park, CA 94025
Attention: Julian Stern
Fax No: (650) 324-0638
If to King:
King Pharmaceuticals, Inc.
501 Fifth Street
Bristol, Tennessee 37620
Attn: _____________
dt 1423440
|
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Promotion Agreement
Promotion Agreement (176K)
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PROMOTION AGREEMENT
by and between
DEPOMED, INC.
and
KING PHARMACEUTICALS, INC.
Dated as of June 27, 2006
Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company�s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934.
EXECUTION COPY
PROMOTION AGREEMENT
This PROMOTION AGREEMENT (this �Agreement�) is made as of June 27, 2006 (the �Effective Date�), by and between Depomed, . . .
2298049
|
DepoMed
As referenced in this Promotion Agreement:
DEPOMED, INC – exv10w1
EX-10.1 3 g02418exv10w1.htm EX-10.1 PROMOTION AGREEMENT 06/27/06
Exhibit 10.1
PROMOTION AGREEMENT
by and between
DEPOMED, INC .
and
KING PHARMACEUTICALS, INC.
Dated as of June 27, 2006
Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to _____________
Depomed, Inc – 2 of the Securities Exchange Act of 1934.
EXECUTION COPY
PROMOTION AGREEMENT
This PROMOTION AGREEMENT (this Agreement) is made as of June 27, 2006 (the Effective Date), by and between Depomed, Inc ., a California corporation (Depomed), and King Pharmaceuticals, Inc., a Tennessee corporation (King). Each of Depomed and King is referred to herein individually as a party and collectively as the _____________
Depomed, inc – recall (including recall of packaging and promotion materials), market withdrawals or any other corrective action related to the Product. Depomed shall promptly notify King of any such actions taken by Depomed, inc luding all actions that are reasonably likely to result in a material adverse effect on the marketability of the Product in the Territory. At Depomeds request, King shall provide assistance _____________
Depomed, Inc – 43
postage prepaid by certified or registered mail (return receipt requested), or sent by a nationally recognized express courier service, or hand-delivered at the following address:
If to Depomed:
Depomed, Inc .
1360 OBrien Drive
Menlo Park, California 94025
Attention: President
Fax No.: (650) 462-9991
With a copy to:
Heller Ehrman LLP
275 Middlefield Road
Menlo Park, CA 94025
Attention: _____________
DEPOMED, INC – of the Securities Exchange Act of 1934.
47
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate on the day and year first above written.
DEPOMED, INC .
By:
/s/ John W. Fara
Name:
John W. Fara
Title:
President and CEO
KING PHARMACEUTICALS, INC.
By:
/s/ Brian A. Markison
Name:
Brian A. Markison
Title:
President and CEO
_____________
dt 1573521
;
King Pharma
As referenced in this Promotion Agreement:
KING PHARMACEUTICALS, INC – exv10w1
EX-10.1 3 g02418exv10w1.htm EX-10.1 PROMOTION AGREEMENT 06/27/06
Exhibit 10.1
PROMOTION AGREEMENT
by and between
DEPOMED, INC.
and
KING PHARMACEUTICALS, INC .
Dated as of June 27, 2006
Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Companys
application requesting _____________
King Pharmaceuticals, Inc – 1934.
EXECUTION COPY
PROMOTION AGREEMENT
This PROMOTION AGREEMENT (this Agreement) is made as of June 27, 2006 (the Effective Date), by and between Depomed, Inc., a California corporation (Depomed), and King Pharmaceuticals, Inc ., a Tennessee corporation (King). Each of Depomed and King is referred to herein individually as a party and collectively as the parties.
WHEREAS, Depomed desires to engage King to _____________
King Pharmaceuticals, Inc – Fax No.: (650) 462-9991
With a copy to:
Heller Ehrman LLP
275 Middlefield Road
Menlo Park, CA 94025
Attention: Julian Stern
Fax No: (650) 324-0638
If to King:
King Pharmaceuticals, Inc .
501 Fifth Street
Bristol, Tennessee 37620
Attn: Legal Affairs Department
Facsimile: (423) 990-2566
All notices shall be deemed made upon receipt by the addressee as evidenced by the _____________
KING PHARMACEUTICALS, INC – this Agreement to be executed in duplicate on the day and year first above written.
DEPOMED, INC.
By:
/s/ John W. Fara
Name:
John W. Fara
Title:
President and CEO
KING PHARMACEUTICALS, INC .
By:
/s/ Brian A. Markison
Name:
Brian A. Markison
Title:
President and CEO
Portions of this Exhibit were omitted and have been filed separately with the Secretary of the _____________
dt 1551189
;
|
Heller Ehrman
As referenced in this Promotion Agreement:
Heller Ehrman – or hand-delivered at the following address:
If to Depomed:
Depomed, Inc.
1360 OBrien Drive
Menlo Park, California 94025
Attention: President
Fax No.: (650) 462-9991
With a copy to:
Heller Ehrman LLP
275 Middlefield Road
Menlo Park, CA 94025
Attention: Julian Stern
Fax No: (650) 324-0638
If to King:
King Pharmaceuticals, Inc.
501 Fifth Street
Bristol, Tennessee 37620
Attn: _____________
dt 1600198
|
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Promotion Agreement
Promotion Agreement (29K)
Doc #1495013: Click preview link for longer preview.
PROMOTION AGREEMENT
This Promotion Agreement (this ?Agreement?) is entered into and made effective as of June 14, 2005, by and among SLS International, Inc., a Delaware corporation (?SLS?), JMBP, Inc. (?JMBP?), a California corporation, and Mark Burnett (?Burnett? and, together with SLS and JMBP, the ?Parties?). In consideration of the mutual agreements set forth herein and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1.
Term of . . .
1495013
| |
Drinker Biddle
As referenced in this Promotion Agreement:
Drinker Biddle – to
SLS International, Inc.
1650 West Jackson Street
Ozark, MO 65721
Facsimile: (417) 883-2723
Attention: Chief Executive Officer and President
With a copy (which shall not constitute notice) to:
Drinker Biddle & Reath LLP
50 Fremont Street
20th Floor
San Francisco, CA 94109
Attention: Scott Joachim, Esq.
Facsimile: (415) 591-7510
The address to which such notices or other communications _____________
dt 1508415
|
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Promotion Agreement
Promotion Agreement (31K)
Doc #1682015: Click preview link for longer preview.
PROMOTION AGREEMENT
This Promotion Agreement (this ?Agreement?) is entered into and made effective as of July 15, 2005, by and among SWEET SUCCESS Enterprises, Inc., a Nevada corporation (?SWEET SUCCESS?), JMBP, Inc. (?JMBP?), a California corporation, and Mark Burnett (?Burnett? and, together with SWEET SUCCESS and JMBP, the ?Parties?). In consideration of the mutual agreements set forth herein and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1.
Term of . . .
1682015
| | |
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Promotion Agreement
Promotion Agreement (36K)
Doc #1495086: Click preview link for longer preview.
PROMOTION AGREEMENT
THIS PROMOTION AGREEMENT ("Agreement") is made effective as of June 2,
2004 ("Effective Date"), between SLS International, Inc., a Delaware
corporation, with a principal place of business at 3119 S. Scenic Avenue,
Springfield MO 65807 ("SLS") and Global Drumz, Inc., a California corporation,
with a principal place of business at c/o John Cannon, Cannon & Co., 10850
Wilshire Blvd., Suite 1200, Los Angeles, CA 90024 ("Company"). SLS and Company
hereby agree as follows:
1) . . .
1495086
| | |
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Promotion Agreement
Promotion Agreement (37K)
Doc #120278: Click preview link for longer preview.
PROMOTION AGREEMENT -------------------
THIS PROMOTION AGREEMENT (hereinafter, this "Agreement") is made and entered into this 20th day of December, 2002, by and between VICI MARKETING, LLC, a Florida limited liability company having a principal address of 14001 63rd Way N, Clearwater, FL 33760 (hereinafter, "VICI"), and BHC, Inc, a Delaware corporation having a principal address of 14001 63rd Way N, Clearwater, FL 33760 (hereinafter, "Internet Promoter").
W I T N E S S E T H: --------------------
WHEREAS, VICI is a limited liability company organized under the laws of the State of Florida and is engaged in the business of furnishing travel goods, services and programs to the public; and
WHEREAS, Internet Promoter is a development stage corporation organized under the laws of Delaware and operates as an independent contractor that will provide related content information internet sales services relative to the sale of third party products; and
WHEREAS, the parties wish to enter into an agreement whereby Internet Promoter will market and offer VICI's travel goods, services and/or programs, as such are more particularly described in Exhibit "A" attached hereto, to the public as further set forth herein;
NOW THEREFORE, in consideration of the mutual benefits, obligations, terms and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, it is hereby agreed as follows:
1. INTERNET PROMOTER'S PERFORMANCE AND REPRESENTATIONS. --------------------------------------------------------
(a) Internet Promoter represents and warrants that it is duly organized and validly existing under the laws of the above-referenced state and it represents and warrants that it has full authority to enter into this Agreement and to transact the business herein contemplated, and is fully willing, capable and experienced to perform as provided for herein. Internet Promoter further represents and warrants that Scott Roix is authorized to execute this Agreement on behalf of Internet Promoter as its President and CEO.
(b) Internet Promoter shall, through independent means, including, specifically, its internet website, offer VICI's travel goods, services and/or programs, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter, the "Product" or "Products"), to its customers. To accomplish this, Internet Promoter will operate a website with domain name www.bookfloridahotels.com (the "Website"). ------------------------- Internet Promoter shall be fully and solely responsible for the cost, attainment and expense of securing qualified purchases of the Product to its customers (the "Travel Customers"). VICI shall deliver to Internet Promoter, from time to time, written materials describing its Products to be marketed and offered by Internet Promoter on the website and such materials shall include a statement of the price of the Products.
120278
| VICI Marketing, LLC;
| BHC Inc.
|
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Promotion Agreement
Promotion Agreement (35K)
Doc #146237: Click preview link for longer preview.
PROMOTION AGREEMENT ASHWORTH, INC., JAMES W. NANTZ III AND NANTZ ENTERPRISES, LTD.
THIS AGREEMENT is entered into by and among ASHWORTH, INC. (the "Company" or "Ashworth"), JAMES W. NANTZ III ("Nantz") and NANTZ ENTERPRISES, LTD. ("Nantz Enterprises"), effective as of October 31, 2002.
WHEREAS, the Company desires to retain Nantz and Nantz Enterprises to provide certain promotional and other services and Nantz and Nantz Enterprises are willing to provide such services on the terms and conditions set forth herein; and
WHEREAS, the parties hereto desire to set forth in writing their agreement as to such promotion arrangement.
NOW, THEREFORE, in consideration of mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
I. DEFINITIONS
As used herein, the terms set forth below shall defined as follows:
1.1 ENDORSEMENT shall include only the right to use the name, any nickname, initials, autograph, facsimile signature, photograph, portrait, likeness, and/or endorsement of Nantz.
1.2 ASHWORTH APPAREL shall mean all Ashworth(R) brand sportswear apparel contained in the Company's present and future collections during the Term.
1.3 ASHWORTH PRODUCTS shall mean, collectively, Ashworth Apparel and Ashworth(R) brand hats and shoes (whether manufactured by Ashworth or manufactured by a licensee of Ashworth).
1.4 DISABILITY shall mean mental or physical illness or condition rendering Nantz incapable of fulfilling the Services (hereafter defined) to be provided by him under this Agreement for a continuous period of at least sixty (60) days.
1.5 PREMIUM PROGRAM shall mean any traffic builder or other program involving the use of a premium to sell products or services other than Ashworth Products and shall include any program primarily designed to attract the consumer to purchase a product or service other than Ashworth Products themselves.
1.6 CONTRACT YEAR shall mean a period of twelve (12) successive months commencing on any first day of November during the Term, however, in the case of the period
{PAGE}
commencing on November 1, 2005 and ending on January 15, 2007, "Contract Year" shall mean such fourteen (14) month and two (2) week long period.
II. TERM OF RELATIONSHIP
2.1 GRANT AND ACCEPTANCE. The Company hereby retains Nantz and Nantz Enterprises to provide the below described services (the "Services") and Nantz and Nantz Enterprises agree to provide the Services upon the terms and conditions herein set forth.
2.2 TERM. Except as otherwise provided herein, this Agreement shall commence effective November 1, 2002, and shall continue for a term expiring January 15, 2007 (the "Term").
III. SERVICES
Nantz and Nantz Enterprises shall furnish the following Services.
3.1 ENDORSEMENT. Subject to the terms and conditions hereof, Nantz and Nantz Enterprises grants to the Company the Endorsement throughout the world during the Term in connection with the advertisement, promotion and sale by the Company of Ashworth Products except in connection with Premium Programs.
3.2 ASHWORTH APPAREL AND PRODUCTS. Subject to any restrictions, contractual or otherwise, on Nantz or Nantz Enterprises for which Nantz or Nantz Enterprises is compensated therefor (collectively, the "Restrictions"), Nantz shall wear Ashworth Products, when possible and as reasonably appropriate, while broadcasting all professional sports tournaments and other professional sports outings, and during any professional sports clinics or instructions given by Nantz or Nantz Enterprises; provided that the Company has provided Nantz, at no charge, with sufficient amounts of Ashworth Products in styles and sizes Nantz finds suitable and appropriate for his use.
3.3 LOGOS. Except as otherwise provided herein, and subject to the Restrictions, Nantz and Nantz Enterprises agree that such Ashworth Products used, promoted or sold in connection with the Endorsement or Services may prominently bear the Company's logo and shall not bear any other logos.
3.4 PHOTOGRAPHY, SPEAKING AND STORE APPEARANCES. Nantz agrees to be available for up to four (4) photography sessions (two (2) in Southern California on weekdays and two (2) to be at Nantz's work site locations or tournaments), two (2) speaking engagements, and three (3) store appearances each Contract Year, at times and places mutually convenient for Nantz and the Company but in no event at times which adversely impact on the schedules of Nantz or Nantz Enterprises. Nantz Enterprises shall have the right to review and reject in good faith the use of any advertising, promotion or other programs and materials which include Nantz or his image. No use shall be made of any such programs or materials hereunder unless and until the same has been approved by Nantz Enterprises. The Company agrees that each photography session shall not exceed one and one-half (1 1/2) days and each speaking engagement and store
146237
|
Ashworth
As referenced in this Promotion Agreement:
ASHWORTH, INC –
{DOCUMENT}
{TYPE}EX-10.(Q)
{SEQUENCE}7
{FILENAME}a88492exv10wxqy.txt
{DESCRIPTION}EXHIBIT 10.(Q)
{TEXT}
{PAGE}
EXHIBIT 10(q)
PROMOTION AGREEMENT
ASHWORTH, INC ., JAMES W. NANTZ III
AND NANTZ ENTERPRISES, LTD.
THIS AGREEMENT is entered into by and among ASHWORTH, INC. (the "Company"
or "Ashworth"), _____________
ASHWORTH, INC – EXHIBIT 10(q)
PROMOTION AGREEMENT
ASHWORTH, INC., JAMES W. NANTZ III
AND NANTZ ENTERPRISES, LTD.
THIS AGREEMENT is entered into by and among ASHWORTH, INC . (the "Company"
or "Ashworth"), JAMES W. NANTZ III ("Nantz") and NANTZ ENTERPRISES, LTD. ("Nantz
Enterprises"), effective as of October 31, 2002.
WHEREAS, _____________
Ashworth, Inc – or such other addresses and
telefax numbers as the parties may direct by notice given as herein provided:
9
{PAGE}
If to Ashworth: Ashworth, Inc .
2765 Loker Avenue West
Carlsbad, California 92008
Attention: President and Chief Executive Officer
Telephone: (760) 929-6142
Telefax: (760) 929-4697
With _____________
ASHWORTH, INC – PAGE}
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the effective date first noted above.
Dated: February 10, 2003 ASHWORTH, INC .,
a Delaware corporation
By: /s/ Randall Herrel, Sr.
---------------------------
Name: Randall Herrel, Sr.
Title: President
Dated: February 7, 2003 NANTZ ENTERPRISES, LTD., a _____________
dt 220744
;
Gibson Dunn
As referenced in this Promotion Agreement:
Gibson, Dunn – Chief Executive Officer
Telephone: (760) 929-6142
Telefax: (760) 929-4697
With a copy to: Gibson, Dunn & Crutcher LLP
Jamboree Center
4 Park Plaza
Irvine, California 92614
Attention: Mark W. Shurtleff
dt 36856
;
| James W. Nantz III;
Nantz Enterprises, Ltd.
|
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Promotion Agreement
Promotion Agreement (37K)
Doc #1589556: Click preview link for longer preview.
PROMOTION AGREEMENT
-------------------
THIS PROMOTION AGREEMENT (hereinafter, this "Agreement") is made and entered
into this 20th day of December, 2002, by and between VICI MARKETING, LLC, a
Florida limited liability company having a principal address of 14001 63rd Way
N, Clearwater, FL 33760 (hereinafter, "VICI"), and BHC, Inc, a Delaware
corporation having a principal address of 14001 63rd Way N, Clearwater, FL
33760 (hereinafter, "Internet Promoter").
. . .
1589556
| | |
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 | 2002 |
Promotion Agreement
Promotion Agreement (43K)
Doc #144831: Click preview link for longer preview.
PROMOTION AGREEMENT
This PROMOTION AGREEMENT is made as of December 1, 2001, by and between QUESTCOR PHARMACEUTICALS. INC. a California corporation (Questcor) and VSL PHARMACEUTICALS, INC., a Delaware corporation (VSL).
RECITALS
A. WHEREAS, VSL produces, markets and distributes a probiotic preparation of live freeze-dried lactic acid bacteria, developed specifically to provide the optimal concentration and types of healthy bacteria for the gastrointestinal tract and to be used in various gastrointestinal disorders under the trademark VSL#3 ; and
B. WHEREAS, Questcor is engaged in the business, among other things, of marketing pharmaceutical products; and
C. WHEREAS, VSL wishes to expand the promotion of VSL#3, and Questcor desires to have the right to promote and sell VSL#3, upon the terms specified herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, and intending to be legally bound hereby, the parties hereto agree as follows:
1. Definitions.
For purposes of this Agreement, the following terms shall have the corresponding meanings set forth below.
Affiliate means, with respect to any Person, any other Person which directly or indirectly controls, is controlled by, or is under common control with, such Person. A Person shall be regarded as in control of another Person if it/he/she owns, or directly or indirectly controls, more than fifty percent (50%) of the voting securities (or comparable equity interests) or other ownership interests of the other Person, or if it/he/she directly or indirectly possesses the power to direct or cause the direction of the management of the other Person, whether through the ownership of voting securities, by contract or any other means whatsoever.
Agreement means this agreement, together with all appendices, exhibits and schedules hereto, and as the same may be amended or supplemented from time to time hereafter by a written agreement duly executed by authorized representatives of each party hereto.
Agreement Quarter means each three-month period commencing on the first day of January, April, July or October, as the ease may be during the Term. The first Agreement Quarter shall commence on the Effective Date and end on March 31,2002.
144831
|
Questcor Pharma
As referenced in this Promotion Agreement:
QUESTCOR PHARMACEUTICALS. – has been requested with respect to omitted portions.
PROMOTION AGREEMENT
This PROMOTION AGREEMENT is made as of December 1, 2001, by and between QUESTCOR PHARMACEUTICALS. INC. a California corporation (Questcor) and VSL PHARMACEUTICALS, INC., a Delaware corporation (VSL).
RECITALS
A. WHEREAS, VSL produces, markets and distributes a _____________
Questcor Pharmaceuticals. – a)
If to VSL:
VSL Pharmaceuticals. Inc.
500 E, Broward Blvd., Suite 1800
Ft. Lauderdale, FL 33394
Attention: CEO
(b)
If to Questcor:
Questcor Pharmaceuticals. Inc.
3260 Whipple Road
Union City, CA 94587
Attention: President & CEO
12
All notices shall be deemed given when received by the _____________
QUESTCOR PHARMACEUTICALS, – the parties hereto have duly executed this Agreement in multiple counterparts through their duly authorized representatives as of the date first above written.
QUESTCOR PHARMACEUTICALS, INC.
VSL PHARMACEUTICALS, INC.
By: /s/ CHARLES J. CASAMENTO
By: /s/ CLAUDIO DE SIMONE
Name: Charles J. Casamento
Name: Claudio De Simone
_____________
dt 135229
;
| VSL Pharmaceuticals, Inc.
|
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 | 2002 |
Promotion Agreement
Promotion Agreement (88K)
Doc #146263: Click preview link for longer preview.
PROMOTION AGREEMENT
This Promotion Agreement ("Agreement") is made and entered into as of this 23rd day of May, 2002 ("Effective Date"), by and between HealtheTech, Inc., a Delaware corporation having its principal place of business at 523 Park Point Drive, Third Floor, Golden, Colorado 80401 USA ("HET"), and HEALTHSOUTH Corporation, located at One Healthsouth Parkway, Birmingham, Alabama 35243 ("HS").
Recitals
A. HS is the owner or licensee of certain media properties referred to as HS Properties (as further defined below).
B. HET is a personal health monitoring company that develops, manufactures, and markets various devices, software, and services for consumer health, fitness, and nutrition ("HET Business").
C. HS and HET wish to establish a relationship through which HS will promote the HET Business through the HS Properties.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, HS and HET hereby agree as follows:
Agreement
- 1.
- Definitions.
1.1 "Advertising Content" means the HET Content and HS Content.
1.2 "Affiliate" means, with respect to a party, any person or entity that controls, is controlled by, or is under common control with such party, where "control" means ownership of fifty percent (50%) or more of the outstanding voting securities (but only as long as such person or entity meets these requirements).
1.3 "HET Marks" means the trademarks, service marks and trade names of HET listed in Attachment C (as such list may be updated from time to time by HET upon notice to HS).
1.4 "HS Properties" means those publications listed in Attachment A.
1.5 "HS Content" are those advertising content and materials relating to the HET Business which is created in whole or part by or for HS pursuant to this Agreement or which were pre-existing prior to the Effective Date of this Agreement, but which HS proposes to use to promote the HET Business pursuant to the terms of this Agreement, and as further described in Attachment A-1.
1.6 "HET Content" means those advertising content and materials relating to the HET Business that are created solely by HET, or for HET (excluding all HS Content) and as further described in Attachment A-1.
1.7 "Third Party Content" means that HS Content as to which HS does not have the legal right to transfer ownership to HET pursuant to the terms of this Agreement.
146263
|
HealtheTech
As referenced in this Promotion Agreement:
HealtheTech, Inc – to a request for confidential treatment.
PROMOTION AGREEMENT
This Promotion Agreement ("Agreement") is made and entered into as of this 23rd day of May, 2002 ("Effective Date"), by and between HealtheTech, Inc ., a Delaware corporation having its principal place of business at 523 Park Point Drive, Third Floor, Golden, Colorado 80401 USA ("HET"), and HEALTHSOUTH Corporation, located at One Healthsouth Parkway, _____________
HEALTHETECH, INC – amended or rescinded except by a writing signed by the party to be charged thereby.
7
In Witness Whereof, the parties have executed this Agreement as of the Effective Date.
HEALTHETECH, INC .
HEALTHSOUTH CORPORATION
By:
/s/ JAMES R. MAULT
James R. Mault, MD
Chairman and CEO
By:
/s/ WILLIAM T. OWENS
William T. Owens
President and COO
Date:
Date:
8
* Portions _____________
HEALTHETECH, INC – PRECEDENT TO THE SALE, PLEDGE, HYPOTHECATION OR ANY OTHER TRANSFER OF ANY INTEREST IN ANY OF THE SECURITIES REPRESENTED HEREBY OR THEREBY.
WARRANT TO PURCHASE SHARES OF COMMON STOCK
of
HEALTHETECH, INC .
Dated as of [ ], 2002
Void after November 30, 2003
No. [ ]
Warrant to Purchase
[1,456,907] Shares of
Common Stock
(subject to adjustment)
THIS CERTIFIES THAT, for value received, _____________
HealtheTech, Inc – subject to adjustment)
THIS CERTIFIES THAT, for value received, HealthSouth Corporation, a Delaware corporation (the "Holder"), is entitled, subject to the terms and conditions set forth below, to purchase from HealtheTech, Inc ., a Delaware corporation (the "Company"), shares of the Company's Common Stock, $0.001 par value per share (the "Shares"), in the amounts, at such times and at the _____________
HEALTHETECH, INC – refer to sections and paragraphs hereof and exhibits attached hereto.
21
IN WITNESS WHEREOF, the Company has caused this Warrant to be executed as of the date first above written.
HEALTHETECH, INC .
By:
Name:
Title:
Address: 523 Park Point Drive, 3rd Floor
Golden, Colorado 80401
AGREED TO AND ACKNOWLEDGED BY THE HOLDER:
Healthsouth corporation
By:
Name:
Title:
Address: One HealthSouth Parkway,
_____________
dt 1363424
;
| HealthSouth Corporation
|
Preview
Full Doc
 | 2002 |
Promotion Agreement [Amended and Restated]
Promotion Agreement [Amended and Restated] (142K)
Doc #146455: Click preview link for longer preview.
AMENDED AND RESTATED PROMOTION AGREEMENT
Between
IMMUNEX CORPORATION,
AMERICAN HOME PRODUCTS CORPORATION
and
AMGEN INC.
for the Promotion of ENBREL(TM)(TNFR:Fc) in
North America
Dated as of December 16, 2001
================================================================================
{PAGE}
TABLE OF CONTENTS Page ----
ARTICLE 1. DEFINITIONS.........................................................2
ARTICLE 2. COORDINATORS.......................................................10
ARTICLE 3. ENBREL MANAGEMENT COMMITTEE........................................10
ARTICLE 4. PROMOTION RESPONSIBILITIES.........................................11
ARTICLE 5. ADDITIONAL IMMUNEX RESPONSIBILITIES................................15
ARTICLE 6. COMMERCIAL EXPENSES................................................18
ARTICLE 7. ENBREL PROMOTIONAL MATERIALS.......................................19
ARTICLE 8. COMPENSATION.......................................................20
ARTICLE 9. DETAILING REPORTS; ACTIVITY AUDITS; DETERMINATION OF DETAILS PERFORMED.................................................23
ARTICLE 10. NEW INDICATION EXPENSES...........................................25
ARTICLE 11. PATENTS...........................................................25
ARTICLE 12. COMPETITIVE PRODUCTS..............................................28
ARTICLE 13. ACCOUNTING AND RECORDS............................................29
ARTICLE 14. CURRENCY..........................................................30
ARTICLE 15. TRADEMARKS........................................................31
ARTICLE 16. CONFIDENTIAL INFORMATION..........................................32
ARTICLE 17. REPRESENTATIONS AND WARRANTIES....................................33
ARTICLE 18. INDEMNITIES.......................................................33
ARTICLE 19. PROMOTION TERM; TERMINATION OF AGREEMENT..........................35
ARTICLE 20. PUBLICATIONS; USE OF NAMES........................................37
ARTICLE 21. MISCELLANEOUS PROVISIONS..........................................39
SCHEDULE A TRADEMARKS EXHIBIT 1 PROCEDURES RE: TREATMENT OF CONFIDENTIAL INFORMATION
i
{PAGE}
AMENDED AND RESTATED
PROMOTION AGREEMENT
THIS AMENDED AND RESTATED PROMOTION AGREEMENT (the "Agreement"), dated the --------- 16th day of December, 2001, by and between IMMUNEX CORPORATION, a Washington corporation, having its principal place of business at 51 University Street, Seattle, Washington 98101, together with its Affiliates (as defined herein) ("Immunex"), AMERICAN HOME PRODUCTS CORPORATION ("AHPC"), a Delaware ------- ---- corporation, acting through its WYETH-AYERST LABORATORIES DIVISION, having a place of business at 555 East Lancaster Avenue, St. Davids, Pennsylvania 19087 ("Wyeth-Ayerst") and AMGEN INC., a Delaware corporation having its principal ------------ place of business at One Amgen Center Drive, Thousand Oaks, California 91320 ("Amgen"). -----
WITNESSETH:
WHEREAS, Immunex and Wyeth-Ayerst intend to market and sell in the Territory (as defined herein) a biological drug for rheumatoid arthritis under the trademark ENBREL(TM) (TNFR:Fc);
WHEREAS, Immunex and Wyeth-Ayerst have entered into a PROMOTION AGREEMENT dated September 25, 1997;
WHEREAS, Amgen, AMS Acquisition Inc., a Washington corporation and wholly owned subsidiary of Amgen ("Merger Sub"), and Immunex have entered into that ---------- certain Agreement and Plan of Merger of even date herewith (the "Merger ------ Agreement") pursuant to which Merger Sub will merge with and into Immunex with --------- Immunex surviving as a wholly owned subsidiary of Amgen (the "Merger"); ------
WHEREAS, Amgen, Immunex, AHPC and Wyeth-Ayerst desire to amend and restate the PROMOTION AGREEMENT and enter into an arrangement at and after the effective time of the Merger whereby the Parties (as defined herein) would jointly engage in tactical marketing and selling activities (as described more fully herein) to promote sales of Enbrel in the Territory under the terms and conditions set forth below;
WHEREAS, the execution of this Agreement by AHPC on the date hereof was a material inducement relied upon by Amgen in entering into the Merger Agreement; and
WHEREAS, Amgen shall cause Immunex to execute this Agreement as of the effective time of the Merger.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto, intending to be legally bound hereby, do hereby agree as follows:
{PAGE}
ARTICLE 1. DEFINITIONS -----------
The following terms shall, for the purposes of this Agreement, have the meanings designated to them under this Article 1 unless otherwise specifically indicated.
1.1 "Acquired Competitive Product" shall mean any Competitive Product (as ---------------------------- defined herein) which was acquired in any way by Wyeth-Ayerst or its Affiliates through the acquisition of all or substantially all of the stock or assets of a company; provided, however, that any such product shall not be deemed to be a Competitive Product for a period of [ * ] following the closing date of such acquisition.
1.2 "Affiliate" shall mean any corporation or business entity of which a --------- Party owns directly or indirectly, fifty percent (50%) or more of the assets or outstanding stock, or any corporation which a Party directly or indirectly controls, or any parent corporation that owns, directly or indirectly, fifty percent (50%) or more of the assets or outstanding stock of a Party, or directly or indirectly controls a Party. For purposes of this Agreement, each Party and the other Affiliates it controls shall not be deemed to be Affiliates of the other Party.
1.3 "Annual Shortfall Details" shall mean the greater of the number of ------------------------ Details (as defined herein) by which Wyeth-Ayerst has fallen short of [ * ] of the applicable (a) Annual Target Number of Details (as defined herein) or (b) Annual Target Number of Primary Details (as defined herein) in any Calendar Year (as defined herein).
1.4 "Annual Target Number of Details" shall mean the sum of the Quarterly ------------------------------- Target Number of Details (as defined herein) for a particular Calendar Year as established from time to time by the EMC (as defined herein) in the Marketing Plan (as defined herein) for each country in the Territory.
1.5 "Annual Target Number of Primary Details" shall mean the sum of the --------------------------------------- Quarterly Target Number of Primary Details (as defined herein) for a particular Calendar Year as established from time to time by the EMC in the Marketing Plan for each country in the Territory.
1.6 "BLA" shall mean a biologics license application, or any successor --- filing thereto.
1.7 "Business Day" shall mean any day which is not a Saturday, Sunday, or a ------------ day on which banks in the State of New York are authorized to close.
1.8 "CF&D Act" shall mean the Canada Food and Drug Act, as amended, and -------- regulations promulgated thereunder from time to time, including, but not limited to, guidelines and guidances issued by the HPB (as defined herein).
1.9 "Calendar Quarter" shall mean each three (3)-month period commencing ---------------- the first day of January, April, July and October of each Calendar Year.
146455
|
Amgen
As referenced in this Promotion Agreement [Amended and Restated]:
AMGEN – treatment under Rule 406 of the Securities Act of
1933.
AMENDED AND RESTATED PROMOTION AGREEMENT
Between
IMMUNEX CORPORATION,
AMERICAN HOME PRODUCTS CORPORATION
and
AMGEN INC.
for the Promotion of ENBREL(TM)(TNFR:Fc) in
North America
Dated as of December 16, 2001
================================================================================
{PAGE}
TABLE OF CONTENTS
Page
----
_____________
AMGEN – through its WYETH-AYERST LABORATORIES DIVISION, having a
place of business at 555 East Lancaster Avenue, St. Davids, Pennsylvania 19087
("Wyeth-Ayerst") and AMGEN INC., a Delaware corporation having its principal
------------
place of business at One Amgen Center Drive, Thousand Oaks, California 91320
("Amgen").
-----
WITNESSETH:
WHEREAS, Immunex _____________
Amgen – East Lancaster Avenue, St. Davids, Pennsylvania 19087
("Wyeth-Ayerst") and AMGEN INC., a Delaware corporation having its principal
------------
place of business at One Amgen Center Drive, Thousand Oaks, California 91320
("Amgen").
-----
WITNESSETH:
WHEREAS, Immunex and Wyeth-Ayerst intend to market and sell in the
Territory (as defined _____________
"Amgen" – Wyeth-Ayerst") and AMGEN INC., a Delaware corporation having its principal
------------
place of business at One Amgen Center Drive, Thousand Oaks, California 91320
("Amgen" ).
-----
WITNESSETH:
WHEREAS, Immunex and Wyeth-Ayerst intend to market and sell in the
Territory (as defined herein) a biological drug for rheumatoid _____________
Amgen, – under
the trademark ENBREL(TM) (TNFR:Fc);
WHEREAS, Immunex and Wyeth-Ayerst have entered into a PROMOTION
AGREEMENT dated September 25, 1997;
WHEREAS, Amgen, AMS Acquisition Inc., a Washington corporation and wholly
owned subsidiary of Amgen ("Merger Sub"), and Immunex have entered into that
----------
certain Agreement _____________
dt 91416
;
Wyeth
As referenced in this Promotion Agreement [Amended and Restated]:
WYETH- – Street,
Seattle, Washington 98101, together with its Affiliates (as defined herein)
("Immunex"), AMERICAN HOME PRODUCTS CORPORATION ("AHPC"), a Delaware
------- ----
corporation, acting through its WYETH- AYERST LABORATORIES DIVISION, having a
place of business at 555 East Lancaster Avenue, St. Davids, Pennsylvania 19087
("Wyeth-Ayerst") and AMGEN INC., a _____________
"Wyeth- – Delaware
------- ----
corporation, acting through its WYETH-AYERST LABORATORIES DIVISION, having a
place of business at 555 East Lancaster Avenue, St. Davids, Pennsylvania 19087
("Wyeth- Ayerst") and AMGEN INC., a Delaware corporation having its principal
------------
place of business at One Amgen Center Drive, Thousand Oaks, California 91320
("Amgen").
-----
_____________
Wyeth- – a Delaware corporation having its principal
------------
place of business at One Amgen Center Drive, Thousand Oaks, California 91320
("Amgen").
-----
WITNESSETH:
WHEREAS, Immunex and Wyeth- Ayerst intend to market and sell in the
Territory (as defined herein) a biological drug for rheumatoid arthritis under
the trademark ENBREL(TM) ( _____________
Wyeth- – sell in the
Territory (as defined herein) a biological drug for rheumatoid arthritis under
the trademark ENBREL(TM) (TNFR:Fc);
WHEREAS, Immunex and Wyeth- Ayerst have entered into a PROMOTION
AGREEMENT dated September 25, 1997;
WHEREAS, Amgen, AMS Acquisition Inc., a Washington corporation and wholly
owned subsidiary _____________
Wyeth- – will merge with and into Immunex with
---------
Immunex surviving as a wholly owned subsidiary of Amgen (the "Merger");
------
WHEREAS, Amgen, Immunex, AHPC and Wyeth- Ayerst desire to amend and restate
the PROMOTION AGREEMENT and enter into an arrangement at and after the effective
time of the Merger _____________
dt 91176
;
| Immunex Corporation;
American Home Products Corporation
|
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 | 2002 |
Promotion Agreement
Promotion Agreement (30K)
Doc #146488: Click preview link for longer preview.
PROMOTION AGREEMENT ASHWORTH, INC., JAMES W. NANTZ III AND NANTZ COMMUNICATIONS, INC.
THIS AGREEMENT is entered into by and among ASHWORTH, INC. (The "Company" or "Ashworth"), JAMES W. NANTZ III ("Nantz") and NANTZ COMMUNICATIONS, INC. ("Nantz Communications"), effective as of November 1, 2001.
WHEREAS, the Company desires to retain Nantz Communications and Nantz to provide certain promotional and other services and Nantz Communications and Nantz are willing to provide such services on the terms and conditions set forth herein; and
WHEREAS, the parties hereto desire to set forth in writing their agreement as to such promotion arrangement;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
DEFINITIONS
As used herein, the terms set forth below shall be defined as follows:
ENDORSEMENT shall include only the right to use the name, any nickname, initials, autograph, facsimile signature, photograph, portrait, likeness, and/or endorsement of Nantz.
ASHWORTH APPAREL shall mean all ASHWORTH(R) brand sportswear apparel contained in the Company's present and future collections (during the Term (as defined below)).
ASHWORTH PRODUCTS shall mean, collectively, Ashworth Apparel and Ashworth hats and shoes.
DISABILITY shall mean mental or physical illness or condition rendering Nantz incapable of fulfilling the services to be provided by him under this Agreement for a continuous period of at least 60 days.
PREMIUM PROGRAM shall mean any traffic builder or other program involving the use of a premium to sell products or services other than Ashworth products and shall include any program primarily designed to attract the consumer to purchase a product or service other than Ashworth Products themselves.
CONTRACT YEAR shall mean a period of twelve (12) successive months commencing on any first day of November during the Term.
{PAGE}
TERM OF RELATIONSHIP
1. GRANT AND ACCEPTANCE. The Company hereby retains Nantz Communications and Nantz to provide the below described services (the "Services") and Nantz Communications and Nantz agree to provide the Services upon the terms and conditions herein set forth.
2. TERM. Except as otherwise provided herein, this Agreement shall commence effective November 1, 2001, and shall continue for a term of three (3) years expiring October 31, 2004 (the "Term").
SERVICES
Nantz Communications and Nantz shall furnish the following Services:
1. ENDORSEMENT. Subject to the terms and conditions hereof, Nantz Communications grants to the Company the Endorsement throughout the world during the Term in connection with the advertisement, promotion and sale by the Company of Ashworth Products except in connection with Premium Programs.
2. ASHWORTH APPAREL AND PRODUCTS. Subject to any restrictions, contractual or otherwise, on Nantz Communications or Nantz (collectively, the "Restrictions"), Nantz shall wear Ashworth Products, when possible and as reasonably appropriate, while broadcasting all professional sports tournaments and other professional sports outings, and during any professional sports clinics or instructions given by Nantz Communications or Nantz; provided that the Company has provided Nantz, at no charge, with sufficient amounts of Ashworth Products in styles and sizes Nantz finds suitable and appropriate for his use, subject to the restriction under Paragraph 4 of Section COMPENSATION AND CONSULTING FEES.
3. LOGOS. Except as otherwise provided herein, and subject to the Restrictions, Nantz Communications agrees that such Products may prominently bear the Company's logo and shall not bear any other logos.
4. PHOTOGRAPHY, SPEAKING AND STORE APPEARANCES. Nantz agrees to be available for up to four photography sessions (2 in Southern California during the week and 2 to be at Nantz's site locations or tournaments), two speaking engagements, and three store appearances each Contract Year, at times and places mutually convenient for Nantz and the Company but in no event at times which adversely impact on the schedules of Nantz Communications or Nantz. Nantz Communications shall have the right to review and reject in good faith the use of any advertising, promotion or other programs and materials which include Nantz or his image. No use shall be made of any such programs or materials hereunder unless and until the same has been approved by Nantz
146488
|
Ashworth
As referenced in this Promotion Agreement:
ASHWORTH, INC –
{DOCUMENT}
{TYPE}EX-10.C
{SEQUENCE}3
{FILENAME}a78648ex10-c.txt
{DESCRIPTION}EXHIBIT 10(C)
{TEXT}
{PAGE}
EXHIBIT 10(c)
PROMOTION AGREEMENT
ASHWORTH, INC ., JAMES W. NANTZ III
AND NANTZ COMMUNICATIONS, INC.
THIS AGREEMENT is entered into by and among ASHWORTH, INC. (The
"Company" or "Ashworth"), _____________
ASHWORTH, INC – EXHIBIT 10(c)
PROMOTION AGREEMENT
ASHWORTH, INC., JAMES W. NANTZ III
AND NANTZ COMMUNICATIONS, INC.
THIS AGREEMENT is entered into by and among ASHWORTH, INC . (The
"Company" or "Ashworth"), JAMES W. NANTZ III ("Nantz") and NANTZ COMMUNICATIONS,
INC. ("Nantz Communications"), effective as of November 1, 2001.
WHEREAS, _____________
Ashworth, Inc – of the previous quarter.
b) The Options being granted hereunder are being granted under
and subject to the terms and conditions of the Ashworth, Inc . Amended & Restated
Equity Incentive Plan, dated March 24, 2000 ("Amended Plan") and all Shares
issued upon the exercise of any Option shall _____________
Ashworth, Inc – telefax numbers set forth below or
such other addresses and telefax numbers as the parties may direct by
notice given as herein provided:
Ashworth, Inc .
Attention: President and Chief Executive Officer
2765 Loker Avenue West
Carlsbad, California 92008
Telephone: (760) 929-6142
Telefax: (760) 929-4697
James _____________
ASHWORTH, INC – IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date indicated below, effective the date first above mentioned.
THE COMPANY:
ASHWORTH, INC .
a Delaware corporation
Date: October 30, 2001 By: /s/ Randall L. Herrel, Sr.
-----------------------------------
Randall L. Herrel, Sr.
Chairman, President &
Chief Executive Officer
_____________
dt 220746
;
| James W. Nantz III;
Nantz Communications, Inc.
|
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 | 2002 |
Promotion Agreement
Promotion Agreement (43K)
Doc #328193: Click preview link for longer preview.
PROMOTION AGREEMENT
This PROMOTION AGREEMENT is made as of December 1, 2001, by and between QUESTCOR PHARMACEUTICALS. INC. a California corporation (�Questcor�) and VSL PHARMACEUTICALS, INC., a Delaware corporation (�VSL�).
RECITALS
A. WHEREAS, VSL produces, markets and distributes a probiotic preparation of live freeze-dried lactic acid bacteria, . . .
328193
|
Questcor Pharma
As referenced in this Promotion Agreement:
QUESTCOR PHARMACEUTICALS. – has been requested with respect to omitted portions.
PROMOTION AGREEMENT
This PROMOTION AGREEMENT is made as of December 1, 2001, by and between QUESTCOR PHARMACEUTICALS. INC. a California corporation (Questcor) and VSL PHARMACEUTICALS, INC., a Delaware corporation (VSL).
RECITALS
A. WHEREAS, VSL produces, markets and distributes a _____________
Questcor Pharmaceuticals. – a)
If to VSL:
VSL Pharmaceuticals. Inc.
500 E, Broward Blvd., Suite 1800
Ft. Lauderdale, FL 33394
Attention: CEO
(b)
If to Questcor:
Questcor Pharmaceuticals. Inc.
3260 Whipple Road
Union City, CA 94587
Attention: President & CEO
12
All notices shall be deemed given when received by _____________
QUESTCOR PHARMACEUTICALS, – the parties hereto have duly executed this Agreement in multiple counterparts through their duly authorized representatives as of the date first above written.
QUESTCOR PHARMACEUTICALS, INC.
VSL PHARMACEUTICALS, INC.
By: /s/ CHARLES J. CASAMENTO
By: /s/ CLAUDIO DE SIMONE
Name: Charles J. Casamento
Name: Claudio De Simone
_____________
dt 686590
| |
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Full Doc
 | 2002 |
Promotion Agreement
Promotion Agreement (30K)
Doc #376485: Click preview link for longer preview.
PROMOTION AGREEMENT
ASHWORTH, INC., JAMES W. NANTZ III
AND NANTZ COMMUNICATIONS, INC.
THIS AGREEMENT is entered into by and among ASHWORTH, INC. (The
"Company" or "Ashworth"), JAMES W. NANTZ III ("Nantz") and NANTZ COMMUNICATIONS,
INC. ("Nantz Communications"), effective as of November 1, 2001.
WHEREAS, the Company desires to retain Nantz Communications and Nantz
to provide certain promotional and other services and Nantz Communications and
Nantz . . .
376485
|
Ashworth
As referenced in this Promotion Agreement:
ASHWORTH, INC – {DOCUMENT}
{TYPE}EX-10.C
{SEQUENCE}3
{FILENAME}a78648ex10-c.txt
{DESCRIPTION}EXHIBIT 10(C)
{TEXT}
{PAGE}
EXHIBIT 10(c)
PROMOTION AGREEMENT
ASHWORTH, INC ., JAMES W. NANTZ III
AND NANTZ COMMUNICATIONS, INC.
THIS AGREEMENT is entered into by and among ASHWORTH, INC. (The
"Company" or "Ashworth"), JAMES W. NANTZ III ("Nantz") and NANTZ _____________
ASHWORTH, INC – txt
{DESCRIPTION}EXHIBIT 10(C)
{TEXT}
{PAGE}
EXHIBIT 10(c)
PROMOTION AGREEMENT
ASHWORTH, INC., JAMES W. NANTZ III
AND NANTZ COMMUNICATIONS, INC.
THIS AGREEMENT is entered into by and among ASHWORTH, INC . (The
"Company" or "Ashworth"), JAMES W. NANTZ III ("Nantz") and NANTZ COMMUNICATIONS,
INC. ("Nantz Communications"), effective as of November 1, 2001.
WHEREAS, the Company desires to retain Nantz Communications _____________
Ashworth, Inc – on the first day
following the end of the previous quarter.
b) The Options being granted hereunder are being granted under
and subject to the terms and conditions of the Ashworth, Inc . Amended & Restated
Equity Incentive Plan, dated March 24, 2000 ("Amended Plan") and all Shares
issued upon the exercise of any Option shall be registered under the Securities
Act of _____________
Ashworth, Inc – telefax at or to the addresses and telefax numbers set forth below or
such other addresses and telefax numbers as the parties may direct by
notice given as herein provided:
Ashworth, Inc .
Attention: President and Chief Executive Officer
2765 Loker Avenue West
Carlsbad, California 92008
Telephone: (760) 929-6142
Telefax: (760) 929-4697
James W. Nantz III
Nantz Communications, Inc.
c/ _____________
ASHWORTH, INC – REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
{PAGE}
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date indicated below, effective the date first above mentioned.
THE COMPANY:
ASHWORTH, INC .
a Delaware corporation
Date: October 30, 2001 By: /s/ Randall L. Herrel, Sr.
-----------------------------------
Randall L. Herrel, Sr.
Chairman, President &
Chief Executive Officer
NANTZ COMMUNICATIONS, INC.
Date: October 30, 2001 _____________
dt 1515442
| |
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 | 2002 |
Promotion Agreement
Promotion Agreement (88K)
Doc #933730: Click preview link for longer preview.
-- Click here to rapidly navigate through this document
CONFIDENTIAL TREATMENT REQUEST
EXHIBIT 10.38
* Portions
denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.
PROMOTION AGREEMENT
This Promotion Agreement ("Agreement") is made and entered into as of this 23rd day of May, 2002
("Effective Date"), by and between HealtheTech, Inc., a Delaware corporation having its principal
place of . . .
933730
|
HealtheTech
As referenced in this Promotion Agreement:
HealtheTech, Inc – to a request for confidential treatment.
PROMOTION AGREEMENT
This Promotion Agreement ("Agreement") is made and entered into as of this 23rd day of May, 2002
("Effective Date"), by and between HealtheTech, Inc ., a Delaware corporation having its principal
place of business at 523 Park Point Drive, Third Floor, Golden, Colorado 80401 USA ("HET"), and HEALTHSOUTH
Corporation, located at One Healthsouth Parkway, _____________
HEALTHETECH, INC – amended or rescinded except by a writing signed by the party to be charged thereby.
7
In Witness Whereof, the parties have executed this Agreement as of the Effective Date.
HEALTHETECH, INC .
HEALTHSOUTH CORPORATION
By:
/s/ JAMES R. MAULT James R. Mault, MD
Chairman and CEO
By:
/s/ WILLIAM T. OWENS William T. Owens
President and COO
Date:
Date:
8
* Portions _____________
HEALTHETECH, INC – PRECEDENT TO THE SALE, PLEDGE, HYPOTHECATION OR ANY OTHER TRANSFER OF ANY INTEREST IN ANY OF THE SECURITIES REPRESENTED HEREBY OR THEREBY.
WARRANT TO PURCHASE SHARES OF COMMON STOCK
of
HEALTHETECH, INC .
Dated as of [ ], 2002
Void after November 30, 2003
No. [ ]
Warrant to Purchase
[1,456,907] Shares of
Common Stock
(subject to adjustment)
THIS
CERTIFIES THAT, for value received, _____________
HealtheTech, Inc – subject to adjustment)
THIS
CERTIFIES THAT, for value received, HealthSouth Corporation, a Delaware corporation (the "Holder"), is entitled, subject to the terms
and conditions set forth below, to purchase from HealtheTech, Inc ., a Delaware corporation (the "Company"), shares of the Company's Common Stock,
$0.001 par value per share (the "Shares"), in the amounts, at such times and at the _____________
HEALTHETECH, INC – refer to sections and paragraphs
hereof and exhibits attached hereto.
21
IN
WITNESS WHEREOF, the Company has caused this Warrant to be executed as of the date first above written.
HEALTHETECH, INC .
By:
Name:
Title:
Address: 523 Park Point Drive, 3rd Floor
Golden, Colorado 80401
AGREED TO AND ACKNOWLEDGED BY THE HOLDER:
Healthsouth corporation
By:
Name:
Title:
Address: One HealthSouth Parkway,
_____________
dt 1363433
| |
Preview
Full Doc
 | 2001 |
Promotion Agreement
Promotion Agreement (9K)
Doc #146820: Click preview link for longer preview.
Promotion Agreement
THIS AGREEMENT is entered into and is effective as of January 8, 2001 BY AND BETWEEN Clipclop.com Enterprises with principal offices at 1995 Hill Drive, North Vancouver, B.C. V7H 2N1, Canada (the "Company") AND Action Stocks, Inc., with principal offices at 990 Highland Dr., Suite 106, Solana Beach, CA 92075 (the "Promoter").
WHEREAS:
A. Company wishes to promote itself on Promoter's Website in order to gain as much exposure as possible.
B. Promoter operates a website that individuals can access to learn more about company's they may not otherwise be exposed to.
C. Promoter operates a database of potential investors who will be contacted routinely via email.
NOW THEREFORE, in consideration of the premises, the mutual covenants herein contained, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
1.00 Services
1.01 Website Marketing. Promoter shall place a short profile of Company that will include recent press releases and a link to Company's website that will include the proper disclosures and disclaimers.
1.02 Email Services. Promoter shall deliver a minimum of 100,00 emails, with the proper disclosures and disclaimers, promoting the Company to industry specific investors per month on behalf of the Company.
1.03 Direct Client Promotion. Promoter shall contact and promote to its own clients with the proper disclosures and disclaimers.
1.04 Investor Relations. Should someone express an interest to invest in the Company, Promoter shall forward the Company's brochures and other literature given to Promoter from the Company. Promoter must again make the proper disclosures and disclaimers.
1.05 Affiliate Promotions. Promoter shall contact its affiliates and expose the Company to others who may benefit the Company by offering its services or purchasing the Company's stock.
1.06 Research Report. Promoter shall create a research report on The Company and disseminate to 1,000 HASD Broker / Dealer firms.
146820
| Clipclop.com Enterprises;
Action Stocks Inc.;
| Worldwide Technologies Inc
|
Preview
Full Doc
 | 2001 |
Promotion Agreement
Promotion Agreement (23K)
Doc #376496: Click preview link for longer preview.
PROMOTION AGREEMENT BETWEEN
ASHWORTH, INC. AND FRED COUPLES
THIS PROMOTION AGREEMENT (the "Agreement") is entered into by and between
ASHWORTH, INC. (hereinafter the "Company" or "Ashworth") and FRED COUPLES
(hereinafter "Couples"), effective November 1, 1999.
WHEREAS, this Agreement supercedes and replaces all prior agreements
between the parties including but not limited to that Promotion Agreement dated
September 1, 1994 and all amendments and addenda thereto; and
. . .
376496
|
Ashworth
As referenced in this Promotion Agreement:
ASHWORTH, INC – {DOCUMENT}
{TYPE}EX-10.(O)
{SEQUENCE}6
{FILENAME}a68898ex10-o.txt
{DESCRIPTION}EXHIBIT 10.1(O)
{TEXT}
{PAGE} 1
Exhibit 10(o)
PROMOTION AGREEMENT BETWEEN
ASHWORTH, INC . AND FRED COUPLES
THIS PROMOTION AGREEMENT (the "Agreement") is entered into by and between
ASHWORTH, INC. (hereinafter the "Company" or "Ashworth") and FRED COUPLES
(hereinafter "Couples"), effective November 1, _____________
ASHWORTH, INC – DESCRIPTION}EXHIBIT 10.1(O)
{TEXT}
{PAGE} 1
Exhibit 10(o)
PROMOTION AGREEMENT BETWEEN
ASHWORTH, INC. AND FRED COUPLES
THIS PROMOTION AGREEMENT (the "Agreement") is entered into by and between
ASHWORTH, INC . (hereinafter the "Company" or "Ashworth") and FRED COUPLES
(hereinafter "Couples"), effective November 1, 1999.
WHEREAS, this Agreement supercedes and replaces all prior agreements
between the parties including but not _____________
ASHWORTH, INC – mail, return receipt requested, or sent by
telefax numbers set forth below or such other addresses and telefax
numbers as the parties may direct by notice given as herein provided:
ASHWORTH, INC .
Attention: President & Chief Executive Officer
2791 Loker Avenue West
Carlsbad, California 92008
Telephone: (760) 929-6142
Telefax: (760) 929-4697
FRED COUPLES
c/o Players Group, Inc.
1851 Alexander _____________
ASHWORTH, INC – OF PAGE INTENTIONALLY LEFT BLANK]
9
{PAGE} 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date indicated below, effective the date first above mentioned.
COMPANY
ASHWORTH, INC .,
a Delaware corporation
By:/s/ Randall L. Herrel, Sr.
--------------------------
Randall L. Herrel, Sr.
President & Chief Executive Officer
COUPLES
/s/ Fred Couples
------------------------------
Fred Couples
10
{/TEXT}
{/DOCUMENT} _____________
dt 1515448
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