You are here:
Agreements >
Distribution Agreement > SECOND AMENDMENT TO EXCLUSIVE DISTRIBUTION AGREEMENT BETWEEN AKORN, INC., AND MASSACHUSETTS BIOLOGICAL LABORATORIES
50 of the Top 250 law firms use our Products every day
*Confidential Treatment Requested Under
17 C.F.R. §§ 200.80(b)(4) and 240.24b-2
SECOND AMENDMENT
TO
EXCLUSIVE DISTRIBUTION AGREEMENT
BETWEEN
AKORN, INC., AND
MASSACHUSETTS BIOLOGICAL LABORATORIES
This Second
Amendment (the “ Second Amendment ”) is entered
into as of July 30, 2008 (the “ Effective Date
”), by and between Massachusetts Biologic Laboratories of the
University of Massachusetts Medical School (“ MBL
”) and Akorn, Inc. (“ Akorn ”) (each a
“ Party ” and together the “
Parties ”).
WHEREAS ,
MBL as manufacturer and Akorn as distributor entered into an
Exclusive Distribution Agreement for Tetanus-Diphtheria vaccine
(“Td vaccine”) on March 22, 2007 (the “
Exclusive Distribution Agreement ” or the “
Agreement ”);
WHEREAS ,
by an Amendment with an effective date of July 3, 2008 (the
“ First Amendment ”), MBL and Akorn modified
their Exclusive Distribution Agreement for certain purposes (the
“ Modified Exclusive Distribution Agreement ” or
the “ Modified Agreement ”); and
WHEREAS ,
since the effective date of the First Amendment, circumstances have
arisen that warrant a further amendment to the Modified Exclusive
Distribution Agreement;
NOW,
THEREFORE , the Parties agree to amend the Modified Exclusive
Distribution Agreement as follows:
|
1.
|
|
Consideration
. The Parties agree that
the consideration for this Second Amendment consists of the mutual
benefits arising from the modifications set out below.
|
|
|
|
|
|
2.
|
|
Amendment to
Section 2(a)(1)(1) . Section 2(a)(1)(1) of the
Modified Exclusive Distribution Agreement is hereby deleted in its
entirety, and replaced by the following:
|
|
|
2(a)(1)(1)
|
|
Destruction of Multi-Dose Vials to
MBL . MBL
will accept from Akorn for return [***...***] doses in
multi-dose vials for destruction, which were manufactured by MBL
and meet the federal guidelines for federal excise tax return and
are in Akorn’s possession or control for excise tax purposes
(the “ Original Doses ”). Rather than physically
return the Original Doses, Akorn at its cost shall arrange for
the
|
* CONFIDENTIAL
TREATMENT REQUESTED — This language has been omitted and
filed separately with the Securities and Exchange
Commission.
1
*Confidential Treatment Requested Under
17 C.F.R. §§ 200.80(b)(4) and 240.24b-2
|
