Amendment to Exclusivity Letter Agreement between Unilife Corporation and Amgen Inc. (January 31, 2016)
Unilife Corporation and Amgen Inc. have agreed to amend their previous exclusivity letter agreement, originally dated December 31, 2015. This amendment extends the period during which both parties must negotiate exclusively with each other until 11:59 pm Pacific Time on February 5, 2016, provided they continue to negotiate in good faith regarding a potential transaction. The amendment is confirmed by authorized representatives of both companies.
Exhibit 10.3
January 31, 2016
Amgen Inc.
One Amgen Center Drive
Thousand Oaks CA ###-###-####
Attention: Corporate Secretary
Re: Amendment of Exclusivity Letter
Ladies and Gentlemen:
Unilife Corporation (“Unilife”) and Amgen Inc. (“Amgen” and, together with Unilife, the “Parties”) have entered into an exclusivity letter agreement dated December 31, 2015 (the “Exclusivity Letter”). Capitalized terms used but not defined in this letter shall have the meanings assigned to such terms in the Exclusivity Letter.
Pursuant to Section 13 of the Exclusivity Letter, the Parties intend to hereby amend the Exclusivity Letter, and agree that the Exclusivity Period in Section 1(a) of the Exclusivity Letter shall be extended through and to 11:59 pm Pacific Time on Friday, February 5, 2016 so long as the Parties continue to negotiate in good faith a Transaction.
| Very truly yours, | ||
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| UNILIFE CORPORATION | ||
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| By: |
| /s/ John Ryan |
| Name: |
| John Ryan |
| Title: |
| SVP, General Counsel & Secretary |
CONFIRMED AND AGREED TO:
AMGEN INC.
| By: |
| /s/ David A. Piacquad |
| Name: |
| David A. Piacquad |
| Title: |
| Senior Vice President, Business Development |
