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This excerpt taken from the ABII 10-K filed Mar 12, 2010. AstraZeneca UK Limited In November 2008, we entered into an agreement with AstraZeneca UK Limited under which we would re-acquire the exclusive rights to market Abraxane® in the United States. In accordance with this agreement, the co-promotion agreement was terminated effective January 2009, and we agreed to pay AstraZeneca a $268 million fee by March 31, 2009. The $268 million fee was accrued in our consolidated balance sheet as of December 31, 2008 and the remainder of the previously deferred revenue of $109.1 million was charged to income and netted against the $268 million fee charge reflected in our 2008 consolidated statement of operations as the negotiations were substantively concluded in December 2008 and standby letters of credit were obtained to cover the obligations. We provided $286 million ($268 million for termination payment and $18 million for estimated final payments due under the Co-Promotion Agreement) in irrevocable standby letters of credit to secure the future payments under the agreement. The letters of credits were collateralized by $300.6 million of cash, which was included in Cash collateral for reacquisition of agreement in the balance sheet as of December 31, 2008. In March 2009, we made the final payments under the agreement and were released from our obligation to maintain the cash collateral.
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Table of ContentsThese excerpts taken from the ABII 10-K filed Mar 6, 2009. AstraZeneca UK Limited In 2006, we entered into a co-promotion and strategic marketing services agreement with AstraZeneca UK Limited, a wholly-owned subsidiary of AstraZeneca PLC, to co-promote Abraxane® in the United States (Co-Promotion Agreement). Under the terms of the agreement, AstraZeneca paid an up-front fee of $200 million
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Table of Contents(which was being deferred and amortized into income over the term of the co-promotion agreement) and equally shared in costs associated with advertising and promoting in the United States and certain clinical trials that are part of the overall clinical development program. The co-promotion agreement, which began on July 1, 2006, was to run for five and one half years. AstraZeneca received a 22% commission on U.S. net sales of Abraxane® during the term of the agreement, with a trailing commission of ten percent for the first year and five percent for the second year following the five and one half year term. In November 2008, we entered into an agreement with AstraZeneca UK Limited under which we would, subject to the terms and conditions of the agreement, re-acquire the exclusive rights to market Abraxane® in the United States. In accordance with this agreement, the co-promotion agreement was terminated effective January 2009, and we agreed to pay AstraZeneca a $268 million fee by March 31, 2009. The $268 million fee is accrued in our consolidated balance sheet as of December 31, 2008 and the remainder of the previously deferred revenue of $109.1 million was charged to income and netted against the $268 million fee charge reflected in our 2008 consolidated statement of operations as the negotiations were substantively concluded in December 2008 and standby letters of credit were obtained to cover the obligations. AstraZeneca UK Limited STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%;padding-bottom:3px;line-height:95%; vertical-align:top">In 2006, we entered into a co-promotion and strategic marketing services agreement with AstraZenecaUK Limited, a wholly-owned subsidiary of AstraZeneca PLC, to co-promote Abraxane® in the United States (Co-Promotion Agreement). Under the terms of the agreement, AstraZeneca paid an up-front fee of $200 million
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In November 2008, we entered into an agreement with This excerpt taken from the ABII 10-K filed Mar 31, 2008. AstraZeneca UK Limited We have a co-promotion and strategic marketing services agreement with AstraZeneca UK Limited, a wholly-owned subsidiary of AstraZeneca PLC, to co-promote Abraxane® in the United States. Under the terms of the agreement, AstraZeneca paid an up-front fee of $200 million and equally shares in future costs associated with advertising and promoting in the United States and certain clinical trials that are part of the overall clinical development program. Further milestone payments of up to an aggregate of approximately $80 million will be made to us upon the achievement of new specified indication approvals for Abraxane® prior to January 1, 2010 or 2011, depending on the indication. The co-promotion agreement, which began on July 1, 2006, runs for five and one half years. AstraZeneca receives a 22% commission on U.S. net sales of Abraxane® during the term of the agreement, with a trailing commission of ten percent for the first year and five percent for the second year following the five and one half year term. We retain all responsibility for clinical and regulatory development, manufacture and distribution of the product. Under this agreement, AstraZeneca has a right of first offer to license or co-promote Abraxane® outside the United States, other than in certain countries, should we seek to license or co-promote Abraxane® outside of the United States and a right of first offer to license or co-promote nab-docetaxel in the United States and certain other countries should we seek to license or co-promote nab-docetaxel in those countries. This excerpt taken from the ABII 8-K filed Nov 8, 2007. AstraZeneca UK Limited We have a co-promotion and strategic marketing services agreement with AstraZeneca UK Limited, a wholly-owned subsidiary of AstraZeneca PLC, to co-promote Abraxane® in the United States. Under the terms of the agreement, AstraZeneca paid an up-front fee of $200.0 million and will equally share in future costs associated with advertising and promoting in the United States and certain clinical trials that are part of the overall clinical development program. Further milestone payments of up to an aggregate of approximately $80 million will be made to us upon the achievement of new specified indication approvals for Abraxane® prior to January 1, 2010 or 2011, depending on the indication. The co-promotion agreement, which began on July 1, 2006, will run for five and a half years. AstraZeneca will receive a 22% commission on U.S. net sales of Abraxane® during the term of the agreement, with a trailing commission of ten percent for the first year and five percent for the second year following the five and a half year term. We retain all responsibility for clinical and regulatory development, manufacture and distribution of the product. Under this agreement, AstraZeneca has a right of first offer to license or co-promote Abraxane® outside the United States, other than in certain countries, should we seek to license or co-promote Abraxane® outside of the United States and a right of first offer to license or co-promote nab-docetaxel in the United States and certain other countries should we seek to license or co-promote nab-docetaxel in those countries.
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