This Manufacturing Agreement involves
Title: DEVELOPMENT, MANUFACTURING AND SUPPLY AGREEMENT
Industry: Biotechnology and Drugs Sector: Healthcare
Portions of this exhibit have been omitted pursuant to a request for confidential treatment. The omitted portions, marked by [***], have been separately filed with the Securities and Exchange Commission.
THIRD AMENDMENT TO
DEVELOPMENT, MANUFACTURING AND SUPPLY AGREEMENT
This Third Amendment is made effective as of the 2 nd day of April, 2008, to the Development, Manufacturing and Supply Agreement made June 28, 2005 (the “Agreement”) by and between Kensey Nash Corporation, a Delaware corporation, having its principal place of business at 735 Pennsylvania Avenue, Exton, PA 18341 (hereinafter “KNC”) and BioMimetic Therapeutics, Inc. (formerly, BioMimetic Pharmaceuticals Inc.), a Delaware corporation, having its principal place of business at 389-A Nichol Mill Lane, Franklin, TN 37067 (hereinafter “BMTI”)(each, individually a “Party” and collectively, the “Parties”).
WHEREAS, KNC and BMTI entered into the Agreement to develop delivery matrices and delivery devices utilizing BMTI’s proprietary molecules to be used in treatment of musculoskeletal tissue;
WHEREAS, KNC and BMTI have agreed to develop a modified form of BMTI’s [***], which program is defined in the updated Development Plan (the ”Updated Development Plan”); and
WHEREAS, the Parties desire to restructure certain milestone payments within the Agreement by this Amendment and to recognize KNC&r