Amendment to License Option Agreement Between Allergan, Inc. and Allergan Specialty Therapeutics, Inc. (March 5, 2001)

Summary

This letter agreement amends a previous License Option Agreement between Allergan, Inc. and Allergan Specialty Therapeutics, Inc. (ASTI). It specifies that Allergan will pay ASTI a 15% royalty on net sales of certain ASTI products if they become licensed products. The agreement also confirms the current list of ASTI products and work projects. Both parties have signed to acknowledge and accept these updated terms.

EX-10.8 2 a70232ex10-8.txt EXHIBIT 10.8 1 EXHIBIT 10.8 [ALLERGAN LOGO] March 5, 2001 William C. Shepherd Chairman of the Board Allergan Specialty Therapeutics, Inc. 2525 Dupont Irvine, CA 92612 Dear Mr. Shepherd: Pursuant to this letter agreement by and between Allergan, Inc. ("Allergan") and Allergan Specialty Therapeutics, Inc. ("ASTI"), Exhibit A to the License Option Agreement dated March 6, 1998, by and between Allergan and ASTI is amended as follows: Section 3.1(a) of the Exhibit A is amended to add the following provisions after 3.1(a)(ii): "(iii) Notwithstanding any other provision of this Agreement, including Section 3.1(a)(I) and (ii), Allergan shall pay to ASTI a royalty of fifteen (15) percent (15%) of Allergan's Net Sales of the following ASTI Products, if such ASTI Product has become a Licensed Product: Brimo Timolol Combo Eyecare Ocular Hypertension/Primary Angle Glaucoma Keto Reformulation Eyecare Post surgical Pain Alpha 2 Pain New Technologies Chronic Pain Photo Dynamic Therapy Eyecare Age Related Macular Degeneration AGN 195795 Eyecare Glaucoma"
Additionally, by this letter agreement, Allergan, on the one hand, and ASTI, on the other, confirm that Exhibit A attached hereto accurately reflects the current ASTI Products and Pre-Selection Work Projects of ASTI. Please acknowledge your acceptance of the terms of this letter agreement by signing below. Very truly yours, /s/ ERIC BRANDT - ----------------------- Eric Brandt ACCEPTED AND AGREED: Allergan Specialty Therapeutics, Inc. By: /s/ WILLIAM C. SHEPHERD --------------------------------- William C. Shepherd, Chairman