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These excerpts taken from the CBST 10-K filed Feb 27, 2009. WHEREAS,
Cubist and ACSD desire to amend the Agreement as set forth in this Amendment No. 4;
WHEREAS,
Cubist is developing a proprietary compound known under the generic name of
daptomycin, and in particular a form of daptomycin which is administered by
intravenous injection;
WHEREAS,
Cubist has filed a New Drug Application with the United States Food and Drug
Administration for an intravenous formulation of daptomycin for the treatment
of complicated skin and skin structure bacterial infections;
WHEREAS,
Chiron possesses capabilities in the promotion and marketing of anti-infective
pharmaceutical products throughout Europe and certain other countries (as
further defined below as the “Territory”) and
desires to seek regulatory approval for and market an injectable form of
daptomycin in the Territory;
WHEREAS,
Chiron wishes to obtain (i) exclusive (even as to Cubist) rights to
commercialize all injectable forms of daptomycin in the Territory, and (ii) a
right of first negotiation for rights in the Territory to all other forms of
daptomycin, including oral formulations and combination products, and Cubist
wishes to grant such rights to Chiron as set forth herein;
WHEREAS,
the parties have executed a Manufacturing and Supply Agreement (the “Supply Agreement”) contemporaneously with this Agreement
pursuant to which Cubist has agreed to manufacture or have manufactured
Licensed Products for use by Chiron in connection with Commercialization of
Daptomycin Products;
WHEREAS, Chiron
wishes for Cubist to complete the Required Studies (as defined below) in order to enable Chiron to obtain
regulatory approval to market in the Territory an injectable form of daptomycin
for complicated skin and skin structure bacterial infection and for a second
* CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED WITH THE COMMISSION
indication, and Cubist has agreed to use commercially reasonable efforts to complete the Required Studies; and
WHEREAS, the
parties wish to establish a mechanism for exchanging information and providing
one another an opportunity to discuss and comment upon activities relating to
daptomycin products in their respective territories, it being understood that
such mechanism is for transparency purposes only.
WHEREAS, Cubist is developing a proprietary compound known under the generic name of daptomycin, and in particular a form of daptomycin which is administered by intravenous injection;
WHEREAS, Cubist has filed a New Drug Application with the United States Food and Drug Administration for an intravenous formulation of daptomycin for the treatment of complicated skin and skin structure bacterial infections;
WHEREAS, Chiron possesses capabilities in the promotion and marketing of anti-infective pharmaceutical products throughout Europe and certain other countries (as further defined below as the “Territory”) and desires to seek regulatory approval for and market an injectable form of daptomycin in the Territory;
WHEREAS, Chiron wishes to obtain (i) exclusive (even as to Cubist) rights to commercialize all injectable forms of daptomycin in the Territory, and (ii) a right of first negotiation for rights in the Territory to all other forms of daptomycin, including oral formulations and combination products, and Cubist wishes to grant such rights to Chiron as set forth herein;
WHEREAS, the parties have executed a Manufacturing and Supply Agreement (the “Supply Agreement”) contemporaneously with this Agreement pursuant to which Cubist has agreed to manufacture or have manufactured Licensed Products for use by Chiron in connection with Commercialization of Daptomycin Products;
WHEREAS, Chiron wishes for Cubist to complete the Required Studies (as defined below) in order to enable Chiron to obtain regulatory approval to market in the Territory an injectable form of daptomycin for complicated skin and skin structure bacterial infection and for a second
* CONFIDENTIAL TREATMENT
indication, and Cubist
WHEREAS, the parties wish to establish a mechanism for exchanging information and providing one another an opportunity to discuss and comment upon activities relating to daptomycin products in their respective territories, it being understood that such mechanism is for transparency purposes only.
WHEREAS, Cubist and ACSD desire to amend the Agreement as set forth in this Amendment No. 4;
This excerpt taken from the CBST 10-Q filed Aug 4, 2008. Whereas, the parties desire to
amend the terms of the Agreement to reflect, among other items, the validation
of Hospira’s facility in Liscate, Italy, the manufacture of Product at such site,
changes to minimum purchases of Product and applicable pricing.
This excerpt taken from the CBST 10-Q filed May 4, 2007. Whereas, the parties wish to establish a mechanism
for exchanging information and providing one another an opportunity to discuss
and comment upon activities relating to daptomycin products in their respective
territories, it being understood that such mechanism is for transparency
purposes only.
This excerpt taken from the CBST 10-Q filed Nov 3, 2006. WHEREAS,
Cubist and ACSD desire to amend the Agreement as set forth in this Amendment
No. 4;
These excerpts taken from the CBST 10-Q filed Nov 4, 2005. WHEREAS, Cubist
and ACSD desire to amend the Agreement as set forth in this Amendment No. 1;
WHEREAS,
Cubist and ACSD desire to amend the Agreement as set forth in this Amendment No. 3;
WHEREAS, Cubist and DSM desire to amend the
Agreement as set forth in this Amendment No. 1;
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