Amendment No. 1 to Product Schedule, between Cardiovascular Systems, Inc. and Fresenius Kabi AB, effective March 27, 2016

EX-10.2 3 csi-amendmentno1toprod.htm EX-10.2 Document
Exhibit 10.2


*Certain information where indicated below in brackets has been excluded from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed*

AMENDMENT NO. 1
TO
PRODUCT SCHEDULE

    This Amendment is made effective as of the last date indicated on the signature page hereto, by and between Cardiovascular Systems, Inc. (“CSI”) and Fresenius Kabi AB (“Fresenius”).

    WHEREAS, CSI and Fresenius entered into a Supply Agreement dated as of April 4, 2011 and a related Product Schedule (the “Product Schedule”); and

    WHEREAS, the parties wish to amend certain terms of the Product Schedule.

    NOW, THEREFORE, the parties agree as follows:

1.    CSI’s address is hereby changed to 1225 Old Highway 8 NW, St. Paul, MN 55112, USA.

2.     Section 1 of PART A of the Product Schedule is hereby deleted in its entirety and replaced with the following:

“1.    Product
Intralipid (injectable lipid emulsion) 10% in a final dosage form, packaged and labeled with CSI’s proprietary trademark in a 100mL FreeFlex (Biofine) bag, meeting the Specifications.

3.     Section 1 of PART C of the Product Schedule is hereby deleted in its entirety and replaced with the following:

“1.    Price

Price in 2016: $[*******] per container

Price after 2016:

Containers ordered / yearPrice [USD] per container
≥ [*******] containers$[*******]
≥ [*******] containers$[*******]
≥ [*******] containers$[*******]

    Price FCA (Incoterms 2010)
    100% optical control
    Batch size = 15,500 containers


    Raw materials and packaging materials prices given by FRESENIUS standard suppliers.
    Product related registration fees (e.g., according to 21 CFR 820) are not included and have to be borne by CSI.”

4.    Except as set forth herein, all provisions of the Product Schedule will remain in full force and effect without modification.

    IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the dates indicated below.

                    CARDIOVASCULAR SYSTEMS, INC.


                    By: /s/ Laurence L. Betterley        
                    Name: Laurence L. Betterley
                    Title: CFO

                    Date: 3/2/16                

    
    FRESENIUS KABI AB             FRESENIUS KABI AB


    By: /s/Anton Gerdenitsch            By: /s/Dr. Johann Schlogl
    Name: Anton Gerndenitsh             Name: Dr. Johann Schlogl
    Title: Head of Market Unit            Title:            
    Contract Manufacturing

    Date: March 9, 2016                Date: March 17, 2016