Volume Breaks
EXHIBIT 10.38
[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
Catalytica
Pharmaceuticals
November 9, 2000
Mr. Randall J. Tlachac
Orphan Medical
13911 Ridgedale Drive
Suite 475
Minnetonka, MN, 55305
Dear Randy,
I am pleased to provide this revised commercial pricing for Xyrem Oral Solution. The new pricing includes the requested component/packaging changes. I have also attached an amended “APPENDIX D” which includes the pricing, packaging details and related assumptions. All raw materials and packaging components are included, [ * ].
Commercial Pricing
| Volume Breaks | Conversion | Materials | Total Unit Price | |||
| [ * ] | [ * ] | [ * ] | [ * ] | |||
| [ * ] | [ * ] | [ * ] | [ * ] | |||
| [ * ] | [ * ] | [ * ] | [ * ] |
| • | Volume price breaks based on [ * ] |
| • | Pricing is based on the assumptions listed on page 2 of this letter |
| • | Any change in the assumptions listed on page 2 of this letter will require that pricing be re-evaluated |
Please indicate Orphan’s approval/acceptance of the above commercial pricing by having the appropriate individual sign and date in the space provided below.
If you have any questions or need further clarification, please do not hesitate to call.
Sincerely,
| /s/ David Smithwick |
David Smithwick, Contract Manager
| /s/ Randall Tlachac | Date | 12/5/00 | ||
| Orphan Representative, | ||||
| Director, Quality Assurance | ||||
| Title | ||||
cc: Marie Mayo Lori Thigpen File (2)
Proposal Valid for 60 days
Confidential
Catalytica Pharmaceuticals, Inc. • P.O. Box 1887 • Greenville, NC ###-###-#### • 252 ###-###-####
November 9, 2000
ASSUMPTIONS
| • | Volume price breaks based on [ * ] |
| • | 7 [ * ] Commercial Supply Agreement |
| • | Subject to [ * ] specified in commercial supply agreement |
| • | DEA Schedule CIII with ARCOS reporting |
| • | [ * ] |
| • | [ * ] |
| • | Manufactured [ * ] |
| • | Minimum of [ * ] |
| • | [ * ] |
| • | Manufacturing batch size of [ * ] |
| • | To be ordered [ * ] |
| • | Batches shipped within [ * ] of Catalytica issuing CofC/CofA |
| • | Packaging components |
[ * ]
Proposal Valid for 60 days
Confidential
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[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
