0000014272-16-000461 Sample Contracts

AMENDMENT AND WAIVER
Five Year Competitive Advance and Revolving Credit Facility Agreement • July 28th, 2016 • Bristol Myers Squibb Co • Pharmaceutical preparations • New York

AMENDMENT AND WAIVER (this “Amendment and Waiver”), dated as of June 21, 2016, to the FIVE YEAR COMPETITIVE ADVANCE AND REVOLVING CREDIT FACILITY AGREEMENT (as amended, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”) dated as of September 29, 2011, among BRISTOL-MYERS SQUIBB COMPANY, a Delaware corporation (the “Company”), the BORROWING SUBSIDIARIES (as defined in the Credit Agreement), the lenders party thereto (the “Lenders”), certain Agents, JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, “JPMCB”), and CITIBANK, N.A., as Administrative Agent (in such capacity, “CBNA”; JPMCB and CBNA are referred to herein individually as an “Administrative Agent” and collectively as the “Administrative Agents”) and as competitive advance facility agent.

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SECOND AMENDMENT TO AMENDED AND RESTATED CO‑DEVELOPMENT AND CO‑PROMOTION AGREEMENT (APIXABAN)
Co-Development and Co-Promotion Agreement • July 28th, 2016 • Bristol Myers Squibb Co • Pharmaceutical preparations • New York

THIS SECOND AMENDMENT (this “Amendment”) TO THAT CERTAIN AMENDED AND RESTATED CO‑DEVELOPMENT AND CO‑PROMOTION AGREEMENT (Apixaban), dated as of April 26, 2007, as amended and restated as of August 23, 2007, is made as of March 15, 2012 (the “Effective Date”) by and between BRISTOL‑MYERS SQUIBB COMPANY, a Delaware corporation headquartered at 345 Park Avenue, New York, New York 10154 (“BMS”), and PFIZER INC., a Delaware corporation having its principal place of business at 235 East 42nd Street, New York, New York 10017 (“COLLABORATOR”). BMS and COLLABORATOR are sometimes referred to herein individually as a “Party” and collectively as the “Parties.

AMENDMENT
Five Year Competitive Advance and Revolving Credit Facility Agreement • July 28th, 2016 • Bristol Myers Squibb Co • Pharmaceutical preparations • New York

AMENDMENT (this “Amendment”), dated as of June 21, 2016, to the FIVE YEAR COMPETITIVE ADVANCE AND REVOLVING CREDIT FACILITY AGREEMENT (as amended, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”) dated as of July 30, 2012, among BRISTOL-MYERS SQUIBB COMPANY, a Delaware corporation (the “Company”), the BORROWING SUBSIDIARIES (as defined in the Credit Agreement), the lenders party thereto (the “Lenders”), certain Agents, JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, “JPMCB”), and CITIBANK, N.A., as Administrative Agent (in such capacity, “CBNA”; JPMCB and CBNA are referred to herein individually as an “Administrative Agent” and collectively as the “Administrative Agents”) and as competitive advance facility agent.

FOURTH AMENDMENT TO AMENDED AND RESTATED CO‑DEVELOPMENT AND CO‑PROMOTION AGREEMENT (APIXABAN)
Co-Development and Co-Promotion Agreement • July 28th, 2016 • Bristol Myers Squibb Co • Pharmaceutical preparations • New York

THIS FOURTH AMENDMENT (this “Amendment”) TO THAT CERTAIN AMENDED AND RESTATED CO‑DEVELOPMENT AND CO‑PROMOTION AGREEMENT (Apixaban), dated as of April 26, 2007, as amended and restated as of August 23, 2007, is made as of May 18, 2015 (the “Execution Date”) by and between BRISTOL‑MYERS SQUIBB COMPANY, a Delaware corporation headquartered at 345 Park Avenue, New York, New York 10154 (“BMS”), and PFIZER INC., a Delaware corporation having its principal place of business at 235 East 42nd Street, New York, New York 10017 (“COLLABORATOR”). BMS and COLLABORATOR are sometimes referred to herein individually as a “Party” and collectively as the “Parties.

Confidential Treatment Requested
Co-Development and Co-Promotion Agreement • July 28th, 2016 • Bristol Myers Squibb Co • Pharmaceutical preparations • New York

THIS AMENDED AND RESTATED CO‑DEVELOPMENT AND CO‑PROMOTION AGREEMENT (the “Agreement”) is made as of April 26, 2007 (the “Execution Date”) and amended and restated as of August 23, 2007, by and between BRISTOL‑MYERS SQUIBB COMPANY, a Delaware corporation headquartered at 345 Park Avenue, New York, New York 10154 (“BMS”), and PFIZER INC., a Delaware corporation having its principal place of business at 235 East 42nd Street, New York, New York 10017 (“COLLABORATOR”). BMS and COLLABORATOR are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

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