Amendment to Royalty Agreement between Accentia Biopharmaceuticals, Inc. and Robert L. Rocke et al.

Summary

This amendment outlines new payment terms between Accentia Biopharmaceuticals, Inc. and Robert L. Rocke, Jon Sbar, and Robert McLean to settle outstanding invoices totaling $16,270.07. Accentia will deliver 6,094 shares of restricted stock to the named individuals. The shares are expected to be registered for public sale by April 1, 2008. If the shares remain restricted after six months, Accentia agrees to maintain its reporting obligations and assist in enabling the sale of the shares. The agreement specifies the number of shares each individual will receive.

EX-10.1 2 dex101.htm AMENDMENT TO ROYALTY AGREEMENT Amendment to Royalty Agreement

Exhibit 10.1


		2309 S. MacDill Avenue
		Tampa, FL 33629
		Tel: 813 ###-###-####
		Fax: 813 ###-###-####
		Sender’s Email: *@*
		Direct Dial: 813 ###-###-####

February 14, 2008

VIA FACSIMILE AND U.S. MAIL

Samuel S. Duffy, Esq.

General Counsel

Accentia Biopharmaceuticals, Inc.

324 South Hyde Park Avenue, Suite 350

Tampa, Florida 33606

Re:

Accentia Biopharmaceuticals, Inc.

Dear Sam:

As we discussed on our telephone call, we are willing to accept payment terms as outlined below for satisfaction in full of the outstanding invoices listed on the attached statement, aggregating outstanding charges of $16,270.07.

Delivery of 6,094 shares of restricted stock (based on a market price of $2.67) (the “Shares”). It is our understanding that these Shares will be included in a registration statement on Form S-3 anticipated to be filed on or before April 1, 2008.

In the event that the Shares remain restricted for any reason following the conclusion of the non-affiliate 6 month holding period under Rule 144, Accentia agrees to keep its 1934 Act reporting current and take any other necessary steps to facilitate the sale of the Shares under Rule 144, as revised.

If this conforms with your understanding, please issue the Shares, in the specified increments in the following names: Robert Rocke (2,032); Jon Sbar (2,031); Robert McLean (2,031).

Sincerely,

Robert L. Rocke


RLR/vw
cc:		Robert D. McLean, Esq.
		Jonathan B. Sbar, Esq.