AMENDMENT No. 4 TO
AMENDED AND RESTATED SUPPLY AGREEMENT
THIS AMENDMENT No. 4 TO AMENDED AND RESTATED SUPPLY
AGREEMENT (the "Fourth Amendment") is hereby made as of October
14, 2005 (the "Effective Date") by and between Plantex USA, Inc., a
New Jersey corporation, with offices at 2 University Plaza, Suite
305, Hackensack, New Jersey 07601 ("Plantex") and Purepac
Pharmaceutical Co., a Delaware corporation, with offices at 200
Elmora Avenue, Elizabeth, New Jersey 07207, ("Purepac"). Plantex
and Purepac are sometimes together referred to herein as the
"Parties" and separately as a "Party."
WHEREAS , Plantex and Purepac entered into a certain
Amended and Restated Supply Agreement dated April 26, 2004, as
amended to date (collectively, the "Supply Agreement"); and
WHEREAS , the Parties desire to enter into this Fourth
Amendment to make certain modifications to the terms and conditions
of the Supply Agreement in order to reflect the current mutual
intent and desire of the Parties.
NOW, THEREFORE , in consideration of the foregoing
premises and the mutual agreements set forth below, and other good
and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the Parties hereby agree as follows:
1. Fourth Amendment API
Notwithstanding anything contained in the Supply Agreement to the
contrary, during the period commencing with the Effective Date
through **** **** (the "Fourth Amendment Period"),
Purepac shall purchase API only from Plantex (such exclusive
purchase obligation shall be subject to the provisions of Section
2.3, with respect to any Fourth Amendment
