AMENDMENT No. 2 to LICENSE AGREEMENT
Exhibit
10.21
AMENDMENT
No. 2 to
Amendment
No. 2 to License (this “Amendment”)
made as
of March 8, 2007, by and between Acuity
Pharmaceuticals, Inc., a
Delaware
corporation, with its principal offices at 0000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx,
XX,
00000 (“Acuity”)
and
Pathogenics, Inc.,
a
Delaware Corporation with its principal offices at 00 Xxxxx Xxxxxx, Xxxxx 000,
Xxxxxxx, XX 00000 (“Pathogenics”).
BACKGROUND
WHEREAS,
Acuity and Pathogenics entered into a License Agreement (the “License
Agreement”)
on
April 13, 2006 which was amended on August 2, 2006;
WHEREAS,
Pathogenics and Acuity have agreed to enter into this Amendment to amend and
restate section 4.7(a) to provide that Acuity will provide notice to Pathogenics
of the achievement of a milestone within two (2) business days of the
achievement of such milestone.
NOW,
THEREFORE, in consideration of the mutual promises, covenants, agreements,
representations and warranties hereinafter set forth, and intending to be
legally bound, the Parties hereby agree as follows:
| 1. |
Section
4.7(a) of the License Agreement shall be replaced with the following
new
Section 4.7(a):
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“(a)Acuity
shall provide written notice to Pathogenics the satisfaction of such milestone
trigger within two (2) business days of the achievement of each applicable
milestone.”
(Signature
Page Follows)
IN
WITNESS WHEREOF,
the
parties have caused this Amendment to be executed by their duly authorized
representatives as of the day and year first indicated above.
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ACUITY
PHARMACEUTICALS, INC.
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By:_________________________________
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Name:
Xxxx X. Xxxxx
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Title:
President and Chief Executive Officer
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By:_________________________________
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Name:
Xxxxxxxx X. Xxxxx
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Title:
President and Chief Executive
Officer
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