Exhibit 10.2
FIRST AMENDMENT TO
SALES AND MARKETING AGREEMENT
This First Amendment to Sales and
Marketing Agreement (this “Amendment”) is effective as
of September 28, 2007 (“Effective Date”) by and
among Akorn-Strides, LLC, a Delaware limited liability company
having its principal place of business at 2500 Millbrook Drive,
Buffalo Grove, Illinois 60089-4694 (“A-S”), and Akorn,
Inc., a Louisiana corporation having its principal place of
business at 2500 Millbrook Drive, Buffalo Grove, Illinois
60089-4694 (“Akorn”), (each a “Party” and
collectively, the “Parties”).
RECITALS
A. The parties have entered into
that certain Sales and Marketing Agreement dated September 22, 2004
(the “Agreement”); and
B. The Parties desire to amend
the Agreement pursuant to the terms and conditions of this
Amendment.
NOW, THEREFORE, in consideration of
the foregoing premises and the mutual covenants and conditions set
forth below, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1.
Definitions . Unless otherwise defined in
