CERTAIN INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED.
[***] INDICATES THAT INFORMATION HAS BEEN REDACTED.
AMENDMENT NO. 1
To the DISTRIBUTION AND SUPPLY AGREEMENT
This Amendment No.1 (this “Amendment No. 1”) to the DISTRIBUTION AND SUPPLY AGREEMENT with an effective date of August 2, 2019, by and between SINOTHERAPEUTICS INC., a limited company incorporated pursuant to the laws of the People’s Republic of China, with an business address at 1F, Building 3, No. 99 Haike Road, Pudong, Shanghai and/or its Affiliates (”Supplier”), and LANNETT COMPANY, INC., a Delaware corporation having an address of 9000 State Road, Philadelphia, PA 19136 and/or its Affiliates (“Lannett”), is made effective as of April 1, 2020 (the “Amendment No.1 Effective Date”). Supplier and Lannett may hereafter be referred to collectively as the “Parties” and individually as a “Party”. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement.
WHEREAS, Supplier and Lannett have entered into the DISTRIBUTION AND SUPPLY AGREEMENT (the “Agreement”), which granted Lannett the right to distribute, market and sell the Product in the Territory;
WHEREAS, the Product was successfully launched in September 2019 in the Territory and is currently the sole generic product in the Territory (excluding the Authorized Generic) (the “Sole Generic”);
WHEREAS, pursuant to the Agreement, the Parties have set forth the supply price on EXHIBIT A, the Payment Terms in Section 3.5, the Net Profit Split model in Section 3.7, and the Term in Section 16.1;
WHEREAS, the Parties now mutually desire to amend the supply price, Payment Terms, Net Profit Split model, and Term, respectively, to the Agreement;
WHEREAS, the Parties also mutually desire to add an exclusive Right of First Offer for [***].
NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged, the Parties, intending to legally bound, do hereby agree as follows: