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 DISTRIBUTION AGREEMENT
RESPIRENT PHARMACEUTICALS CO. LTD.
LANNETT COMPANY, INC.
This Amendment No. 1 to the Distribution Agreement (the “Amendment No. 1”) between Respirent Pharmaceuticals Co. Ltd., a Chinese company having an address of 5-190, Yunham Drive, High-Tech Industrial Park, Shuitu, Beibei District, Chongqing 400714 China (”Supplier”), and LANNETT COMPANY, INC., a Delaware corporation having an address of 9000 State Road, Philadelphia, PA 19136 and/or its Affiliates (“Lannett”), is effective this 28th day of July 2020 (the “Amendment No.1 Effective Date”). Supplier and Lannett are separately referred to as “Party” or jointly as “Parties.”
WHEREAS, the Parties entered into that certain Distribution Agreement effective September 26, 2019 (the “Agreement”), whereby Supplier granted Lannett the right to distribute, market and sell the Product in the Territory;
WHEREAS, the Parties desire to amend the Distribution Fee and the Term of the Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein and in the Agreement, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
1.Incorporation of Background; Capitalized Terms. The “Background” provision set forth above, together with the defined terms therein, are incorporated herein by reference. Capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Agreement.
2.Distribution Fee. Section 3.7 of the Agreement shall be deleted in its entirety and