Confirmation of Sublease Terms between SWMF Holdings Corporation and Esperion Therapeutics, Inc.

Summary

This agreement confirms the terms of a sublease between SWMF Holdings Corporation (Landlord) and Esperion Therapeutics, Inc. (Tenant) for specific rooms at the Southwest Michigan Innovation Center in Kalamazoo, Michigan. The sublease begins on October 15, 2001, covers 3,264 square feet, and includes an annual rent of $40,800, payable monthly at $3,400. The first payment is due on the lease commencement date, with subsequent payments due on the same day each month for the duration of the lease.

EX-10.40 6 k67962ex10-40.txt CONFIRMATION OF SUBLEASE TERMS EXHIBIT 10.40 EXHIBIT A CONFIRMATION OF SUBLEASE TERMS It is agreed that the following terms control the Sublease between SWMF Holdings Corporation, as "Landlord" and Esperion Therapeutics, as "Tenant" for the Subleased Premises located at the Southwest Michigan Innovation Center--McCracken Hall on the campus of Western Michigan University, Kalamazoo, Michigan: 1. The Lease Commencement Date is: October 15, 2001; 2. The Rooms which are the subject of the Sublease are: 5110, 5111, 5090, 5070, 5040, 5041, 5042, 5030, 5010; 3. The total square footage of the Subleased Premises is: 3,264; 4. The total annual rent is: $40,800; 5. The total monthly rent is: $3,400; 6. The first rent payment is due on October 15, 2001 and shall continue on the same day of each month thereafter throughout the Lease Term. Dated Effective: October 15, 2001 TENANT: LANDLORD: Esperion Therapeutics, Inc. SWMF Holdings Corporation - ---------------------------- /s/ Roger S. Newton /s/ Barry Broome - ---------------------------- -------------------------------- By: Roger S. Newton By: Barry Broome Title: Pres/CEO Title: Executive Director/CEO ---------------------