EX-10.21
from 10-K
6 pages
Footstar Corporation, a Texas Corporation (The “Sponsor”), Is Pleased to Offer This Commitment to Provide Indebtedness to Fcb Holdings Inc., a Delaware Corporation (“Buyer”), and/or Its Affiliates, Which Has Been Formed for the Purpose of Acquiring All of the Equity Securities of Cpex Pharmaceuticals, Inc., a Delaware Corporation (The “Company”), Through the Merger of Fcb I Acquisition Corp., a Wholly-Owned Subsidiary of Buyer (“Mergerco” And, Together With Buyer, the “Buyer Parties”), With and Into the Company Pursuant to the Terms of the Agreement and Plan of Merger (The “Merger Agreement”) Dated of Even Date Herewith, by and Among, Inter Alia, the Buyer Parties and the Company. Capitalized Terms Used in This Letter (The “Commitment Letter”) but Not Otherwise Defined Herein Have the Respective Meanings Ascribed to Such Terms in the Merger Agreement. This Commitment Letter Is Being Delivered to the Buyer Parties and the Company to Induce Them to Enter Into the Merger Agreement and Is Subject to the Following Terms and Conditions
12/34/56
EX-10.20
from 10-K
6 pages
Black Horse Capital LP and Black Horse Capital Master Fund Ltd. (Collectively, the “Sponsor”), Are Pleased to Offer This Commitment to Provide Indebtedness to Fcb Holdings Inc., a Delaware Corporation (“Buyer”), and/or Its Affiliates, Which Has Been Formed for the Purpose of Acquiring All of the Equity Securities of Cpex Pharmaceuticals, Inc., a Delaware Corporation (The “Company”), Through the Merger of Fcb I Acquisition Corp., a Wholly-Owned Subsidiary of Buyer (“Mergerco” And, Together With Buyer, the “Buyer Parties”), With and Into the Company Pursuant to the Terms of the Agreement and Plan of Merger (The “Merger Agreement”) Dated of Even Date Herewith, by and Among, Inter Alia, the Buyer Parties and the Company. Capitalized Terms Used in This Letter (The “Commitment Letter”) but Not Otherwise Defined Herein Have the Respective Meanings Ascribed to Such Terms in the Merger Agreement. This Commitment Letter Is Being Delivered to the Buyer Parties and the Company to Induce Them to Enter Into the Merger Agreement and Is Subject to the Following Terms and Conditions
12/34/56