AMENDMENT TO THE EXCLUSIVE DISTRIBUTORSHIP AGREEMENT DATED
Exhibit 10.39
AMENDMENT TO THE EXCLUSIVE DISTRIBUTORSHIP AGREEMENT DATED
APRIL 9TH, 2010 ENTERED INTO BETWEEN
BIOAMBER S.A.S. AND MITSUI & CO., LTD.
This Amendment Agreement is made as of January 1st, 2013 between BioAmber S.A.S. (“BioAmber”) and Mitsui & Co., Ltd. (“Mitsui”).
WHEREAS BioAmber and Mitsui have entered into an Exclusive Distributorship Agreement dated April 9, 2010, as amended (the “Distribution Agreement”);
WHEREAS the parties agree to amend the Distribution Agreement as set forth herein.
THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
| 1. | The Distribution Agreement is modified in the following manner, the provisions of the Distribution Agreement not modified herein shall continue to be in force as stated in the Distribution Agreement: |
| 1.1. | BioAmber and Mitsui hereto agree to exclude “Turkey” as a country within the Territory (as defined in the Distribution Agreement and as listed in Exhibit A of the Distribution Agreement), as if such country had never been included as a country within the Territory. |
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE SIGNED THIS AGREEMENT AS OF THE DATE FIRST WRITTEN ABOVE.
| BIOAMBER S.A.S. | ||
| By: | /s/ Xxxx-Xxxxxxxx Xxx | |
| Xxxx-Xxxxxxxx Huc, President | ||
| Mitsui & Co., Ltd. | ||
| By: | /s/ Daiji Kojima | |
| Signature | ||
| Daiji Kojima General Manager, Specialty Chemicals Div. | ||
| Name and Title | ||
