September 5, 2007
Exhibit 10.26
September 5, 2007
CDC IV, LLC
00 Xxxxxxx Xxxxxx, Xxxxx 000
Xxxxxxxxx, XX 00000
Attention: Xxxxx Xxxxxx
Dear Sirs:
Reference is made to the License and Development Agreement made as of September 5, 2007 by and among BioDelivery Sciences International, Inc. (“BDSI”), Arius Pharmaceutical, Inc. (“Arius”) and Meda AB (“Meda”) (the “Meda License Agreement”), a copy of which is attached hereto as Exhibit A.
The undersigned, CDC IV, LLC hereby acknowledges (i) that it has executed that certain Sublicensing Consent and Amendment by BDSI, Arius and CDC IV,LLC attached hereto as Exhibit B; (ii) that Meda has relied upon the attached consent in connection with its execution of the Meda License Agreement; and (iii) that the only rights of unilateral termination available to CDC IV, LLC under the CDC License (as defined in the attached consent) are contained in Sections 10.2, 10.3 and 10.4 of the CDC License.
Please indicate your agreement to the provisions of this Letter Agreement by having a duly authorized officer of each of the addressees execute this Letter Agreement in duplicate and then return an executed copy to the undersigned.
[Signature page to follow.]
| Very truly yours, | ||
| MEDA AB | ||
| By: | /s/ Xxxxxx Xxxxxx | |
| Name: | Xxxxxx Xxxxxx | |
| Title: | Chief Executive Officer | |
| ACCEPTED AND AGREED TO AS OF THE DATE OF THIS LETTER AGREEMENT: | ||
| CDC IV, LLC | ||
| By: | /s/ Xxxxx Xxxxxx | |
| Name: | Xxxxx Xxxxxx | |
| Title: | Partner | |
EXHIBIT A
MEDA LICENSE AGREEMENT
EXHIBIT B
