Termination Letter for At the Market Issuance Sales Agreement between Synta Pharmaceuticals Corp. and MLV & Co. LLC
Synta Pharmaceuticals Corp. and MLV & Co. LLC have mutually agreed to terminate their At the Market Issuance Sales Agreement, effective immediately as of May 7, 2014. Certain sections of the original agreement, including those related to indemnification and other key provisions, will remain in effect. Both parties have signed this letter to confirm their agreement to the termination.
Exhibit 10.4
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Synta Pharmaceuticals Corp. 45 Hartwell Avenue Lexington, MA 02421 |
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| tel: 781 ###-###-#### |
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| fax: 781 ###-###-#### |
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| www.syntapharma.com |
VIA EMAIL DELIVERY
May 7, 2014
MLV & Co. LLC
1251 Avenue of the Americas, 41st Floor
New York, NY 10020
Attn: General Counsel
Re: At the Market Issuance Sales Agreement dated as of May 2, 2012, as amended (the “Sales Agreement”)
Ladies and Gentlemen:
This shall confirm our mutual agreement to terminate the Sales Agreement effective immediately, in accordance with Section 13(e) thereof. Pursuant to Section 13(e), Section 9, Section 11, Section 12, Section 18 and Section 19 shall remain in full force and effect.
If the foregoing is in accordance with your understanding, please sign and return to us a counterpart of this letter.
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| Very truly yours, | |
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| SYNTA PHARMACEUTICALS CORP. | |
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| By: | /s/ Keith Ehrlich |
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| Name: Keith Ehrlich | |
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| Title: CFO | |
Agreed And Accepted:
MLV & CO. LLC
| By: | /s/ Dean Colucci |
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| Name: Dean Colucci |
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| Title: President |
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