This Termination Agreement (this “Termination”) is executed this 22 nd day of January, 2007, to be effective as
of the Effective Time (as defined below), among Abrika Pharmaceuticals, Inc., a Delaware corporation (the
“Companv”), ACFP, LLLP, a Florida limited liability limited partnership (“ACFP), and Par Pharmaceutical
Companies, Inc., a Delaware corporation (“Par”).
A. Abrika, LLLP, the Company's predecessor in interest, ACFP and Par are parties to that certain
Investors Rights Agreement, dated as of December 3, 2004, as amended (the “Agreement”);
B. The Company entered into an Agreement and Plan of Merger, dated as of November 20, 2006, by
and among Actavis Inc., a Delaware corporation (“Actavis”), Panthers Acquisition Corp., a Delaware
corporation and wholly owned subsidiary of Actavis (“Merger Sub”), the Company and Alan P. Cohen, solely in
his capacity as securityholders' representative (the “Merger Agreement”), pursuant to which Merger Sub will be
merged with and into the Company with the Company continuing as the surviving corporation and wholly-owned
subsidiary of Actavis (the “Merger”);
C. Pursuant to Section 7.9 of the Merger Agreement, certain agreements are to be terminated as of the
effective time of the Merger (the “Effective Time”); and
D. The parties agree that, immediately upon the Effective Time, all rights and obligations of the parties
under and with respect to the Agreement shall terminate.
Terms of Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:
1. The background stated above is true and correct and is incorporated herein by reference.
2. Each of the parties agrees that all rights and obligations of the parties under and with respect to the
Agreement shall be terminated effective immediately at (and subject to the occurrence of) the Effective Time.
3. This Termination