AMENDMENT NO. 1 TO FINISHED PRODUCT SUPPLY
AGREEMENT
THIS
AMENDMENT NO. 1 (the “Amendment No. 1”) dated as
of April 15, 2005 with an effective date of April 1, 2005 (the
“Amendment No. 1 Effective Date”) to the Finished
Product Supply Agreement (the “Supply Agreement”)
dated as of March 5, 2004 and effective as of March 31, 2004,
is made and entered into by and between Inyx, Inc.
(“Inyx”), the assignee and successor in interest
to Aventis Pharmaceuticals Inc. and its Affiliates
(“Aventis”) and Aeropharm Technology, LLC, the
successor in interest to Aeropharm Technology, Inc.
(“Purchaser”). Capitalized terms used in this
Amendment No. 1 shall have the meanings ascribed to them in of
the Supply Agreement, unless as otherwise provided
herein.
The
following terms and conditions of this Amendment No. 1 set
forth the understanding between the Purchaser and Inyx. Except
as expressly amended and modified by this Amendment No. 1, the
Supply Agreement shall continue to be and shall remain in full
force and effect in accordance with its terms. The Purchaser
and Inyx (hereinafter referred to collectively as the
“Parties”) hereby acknowledge and agree that, upon
the Parties’ execution of this Amendment No. 1, the
Supply Agreement shall be deemed to include the terms and
conditions of this Amendment No. 1, and all references to the
Supply Agreement in any form or manner shall be deemed to
include a reference to this Amendment No. 1.
(1)
Schedule
3.1 shall be deleted in i
