Amendment to License Agreement between Merck KGaA and Idera Pharmaceuticals, Inc. (June 2, 2010)

Contract Categories: Business Finance › Modification Agreements
Summary

Merck KGaA and Idera Pharmaceuticals, Inc. have agreed to extend the time period for Merck to select certain follow-on compounds under their existing license agreement. Idera has fulfilled its obligation to deliver these compounds, and Merck is still evaluating them. The extension allows Merck more time to make its selection, with Idera not required to provide further resources during this period. The agreement is confirmed by signatures from both parties.

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EX-10.1 2 b83415exv10w1.htm EX-10.1 exv10w1
Exhibit 10.1
Confidential Materials omitted and filed separately with the
Securities and Exchange Commission. Asterisks denote omissions.
Merck KGaA . Germany . Frankfurter Str. 250 . 64293 Darmstadt
VIA COURIER
         
Idera Pharmaceuticals, Inc.
  Date   June 2, 2010
Steven J. Ritter, Ph.D., J.D.
  Division/Dept.   Corporate Legal — CL-M
Vice President — Intellectual Property and Contracts
  Care of   Jens Eckhardt — ns
167 Sidney Street
  Phone   +49 — 61 51 — 72 23 98
Cambridge, MA 02139
  Fax   +49 — 61 51 — 72 23 73
USA
  E-Mail   ***@***
Our license agreement dated December 18, 2007, effective February 4 2008 (the “Agreement”)
Dear Steve,
It is recognized that Idera has met its obligations of delivering [**] Follow-on Compounds in accordance with Section 3.6 of the Agreement. Merck is actively characterizing these Follow-on Compounds toward a goal of selecting [**] for possible development. As this characterization is currently ongoing, Merck requests that Idera allow Merck to extend the period of time for selecting the Follow-on Compounds such that Merck’s right to make a selection pursuant to Section 3.6 of the Agreement would expire on [**]. This addition time will enable Merck to further characterize the Follow-on Compounds and make a more informed decision in the selection process. During this additional time period, Idera’s role in Merck’s selection process is expected to be passive and no additional resources are expected to be provided by Idera under the terms of the Agreement.
If you are in agreement with the above please indicate so by returning the attached duplicate of this letter duly signed.
Very truly yours,
         
Merck KGaA
      Agreed:
 
        
i.V.
  i.V.   Idera Pharmaceuticals, Inc.
 
        
/s/ Astrid Perschl
 
 Dr. Astrid Perschl
  /s/ Jens Eckhardt
 
 Jens Eckhardt 		  /s/ Louis J. Arcudi
 
 Louis J. Arcudi, III
         
Merck KGaA · Germany
        
Frankfurter Str. 250
  Partnership limited by shares   Executive Board
64293 Darmstadt
  Commercial Register AG Darmstadt HRB 6164   and General Partners:
Phone +49 6151 72-0
  Registered Office: Darmstadt    
Fax +49 6151 72-2000
  Chairman of the Supervisory Board:   Karl-Ludwig Kley (Chairman),
www.merck.de
  Wilhelm Simson   Michael Becker, Bernd Reckmann, Elmar Schnee