THIRD AMENDMENT TO SUPPLY AGREEMENT FOR BULK NARCOTICS RAW MATERIALS
Exhibit 10.118
THIRD AMENDMENT TO SUPPLY AGREEMENT
FOR BULK NARCOTICS RAW MATERIALS
THIS THIRD AMENDMENT TO SUPPY AGREEMENT FOR BULK NARCOTICS RAW MATERIALS, originally made and entered into effective as of July 1,1998 and amended on July 1, 2000 and again on July 1, 2006 (“SUPPLY AGREEMENT”), by and between ENDO PHARMACEUTICALS INC. (“BUYER”) and MALLINCKRODT LLC (formerly known as Mallinckrodt Inc.) (“SELLER”), is made and entered between BUYER and SELLER effective on and as of July 1, 2011.
WHEREAS, as a result of an internal reorganization, on and as of June 24, 2011, the name and organizational identity of Mallinckrodt Inc. was changed so that Mallinckrodt Inc., formerly a Delaware corporation, is now a limited liability company organized under Delaware law and known as “Mallinckrodt LLC”, and
WHEREAS, the parties desire to amend the aforementioned SUPPLY AGREEMENT for the third time in certain respects,
NOW, THEREFORE, the parties hereto agree as follows:
| 1. | Section 4 of the SUPPLY AGREEMENT shall be amended by deleting, in said Section 4, the reference to “two (2) years” and replacing it with a reference to “twenty three (23) months”, with the intent and effect that either party will have until July 31, 2011 to provide written notice to the other party of its intent to let the SUPPLY AGREEMENT expire on June 30, 2013 without being renewed for an additional one (1) year period. |
| 2. | Except as expressed amended herein, all of the other terms of the SUPPLY AGREEMENT, as amended, shall remain unchanged and in full force and effect. |
IN WITNESS WHEREOF, the parties hereto have executed this THIRD AMENDMENT TO SUPPLY AGREEMENT FOR BULK NARCOTICS RAW MATERIALS effective as of the day and year first above written.
| MALLINCKRODT LLC | ENDO PHARMACEUTICALS INC. | |||||
| By: | /s/ NICK LITZSINGER | By: | /s/ JILL CONNELL | |||
| Title: | Global Director Bulk Narcotics | Title: | VP Generics Sourcing | |||
