October 31, 2013
Exhibit (d)(13)
October 31, 2013
CONFIDENTIAL
Valeant Pharmaceuticals International, Inc.
0000 Xxxx Xxxxxx
Xxxxxxxx, Xxxxxx X0X 0X0
Attention: Xxxxxx X. Xxxx-Onn
Re: | Extension of Confidentiality Agreement |
Dear Xx. Xxxx-Onn:
Reference is made to that certain Confidentiality Agreement (the “Agreement”) entered into as of July 7, 2012 (the “Effective Date”) between Solta Medical, Inc., a Delaware corporation (“SMI”), and Valeant Pharmaceuticals International, Inc., a Canadian corporation (“VPII” and, together with SMI, the “Parties”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement.
In order to facilitate the consideration and negotiation of one or more possible negotiated Transactions, the Parties hereby agree to the following: (i) the Agreement shall continue in full force and effect for a period of twenty four (24) months from the Effective Date such that any Confidential Information provided between the Parties through July 7, 2014 shall be subject to the Agreement and treated as Confidential Information thereunder; and (ii) the Standstill Period shall be extended until twenty four (24) months from the Effective Date. Notwithstanding anything to the contrary in this letter, the obligations imposed by Sections 1, 4, 5 and 9 through 13 of the Agreement shall continue for a period of three years from the original effective date of the Agreement (consistent with the initial Agreement).
Additionally, the Parties hereby agree that Exhibit A (Provider Contact information) is hereby revised; to include on behalf of SMI, and in lieu of Xxxxxxx X. Xxxxxxx, to a following person:
Xxxx Xxxxxxxxxx, Chairman and Interim President and Chief Executive Officer
xxxxxxxxxxx@xxxxx.xxx
(000) 000-0000 (office);
and to include on behalf of VPII, and in lieu of Xxxxxxx Xxxxxxxx, to a following person:
Xxxxxx Xxxxx, Vice President, Corporate Development
xxxxxx.xxxxx@xxxxxxx.xxx
(000) 000-0000 (office)
Please confirm your agreement with the foregoing by signing and returning one copy to the undersigned, whereupon this amendment to the Agreement shall become binding.
Very truly yours, | ||
Solta Medical, Inc. | ||
By: | /s/ Xxxx Xxxxxxxxxx | |
Name: | Xxxx Xxxxxxxxxx | |
Title: | Interim President and CEO |
ACCEPTED AND AGREED:
(as of the date first written above)
Valeant Pharmaceuticals International, Inc. | ||
By: | /s/ Xxxxxx X. Xxxx-Onn | |
Name: | Xxxxxx X. Xxxx-Onn | |
Title: | Executive Vice President, General Counsel, Corporate Secretary and Corporate Business Development |
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