Side Letter Agreement to License & Supply Agreement between Reliant Pharmaceuticals, Inc. and Pronova Biocare a.s.

Summary

This agreement is a side letter between Reliant Pharmaceuticals, Inc. and Pronova Biocare a.s. confirming Reliant's election of a specific payment model under their existing License & Supply Agreement. Reliant notifies Pronova of its choice and reserves the right to change this election until September 6, 2004. The initial up-front payment remains due by September 8, 2004, as previously agreed. Both parties acknowledge and agree to these terms by signing the letter.

EX-10.30(A) 58 dex1030a.htm SIDE LETTER AGREEMENT / PRONOVA BIOCARE A.S. Side Letter Agreement / Pronova Biocare a.s.

Exhibit 10.30(a)

 

  

Reliant Pharmaceuticals, Inc.

110 Allen Road

Liberty Corner, NJ 07938

908 ###-###-####

Fax: 908 ###-###-####

 

August 23, 2004

 

PRONOVA BIOCARE A.S.

Postboks 420, Vollsveien 6, NO-1327

Lysaker, Norway

Attn: Dr. Egil Bodd

 

  Re: License & Supply Agreement

 

Dear Dr. Bodd:

 

We refer to that certain License & Supply Agreement, dated as of August 9, 2004 (the “Agreement”), between Pronova Biocare a.s. (“Pronova”) and Reliant Pharmaceuticals, Inc. (“Reliant”).

 

In accordance with Sections 4.1 and 26.14 of the Agreement, Reliant hereby notifies Pronova that it has elected “Model 2” (as described in on Schedule 4.1 to the Agreement) for payments to be made to Pronova under Section 4.1 of the Agreement.

 

Notwithstanding the foregoing or any other provision in the Agreement to the contrary, Pronova and Reliant have agreed that Reliant shall have until 9:00 p.m., U.S. Eastern time on September 6, 2004 to change its payment election under Section 4.1 of the Agreement. Reliant confirms that, regardless of its final payment election, the initial up-front payment due under the Agreement shall be payable in accordance with the applicable provisions of Schedule 4.1 on or before September 8, 2004 (i.e., thirty (30) days after the signing of the Agreement).

 

Please confirm your receipt of this notice and agreement with the foregoing by signing a copy of this letter in the space provided below and returning a signed copy to Reliant.

 

Very truly yours,
RELIANT PHARMACEUTICALS, INC.
By:   

/s/ Ernest Mario

   

Name: Ernest Mario

   

Title: Chairman and CEO

 

Acknowledged and Agreed:
PRONOVA BIOCARE A.S.
By:   

/s/ Egil Bodd

   

Name: Dr. Egil Bodd

   

Title: CEO