BEIGENE, LTD. AMENDMENT NO. 2 TO SHARE PURCHASE AGREEMENTShare Purchase Agreement • May 1st, 2020 • Amgen Inc • Biological products, (no disgnostic substances) • New York
THIS AMENDMENT NO. 2 (this “Amendment”) to the SHARE PURCHASE AGREEMENT, dated as of October 31, 2019, as amended on December 6, 2019 (the “Agreement”), is made and entered into as of March 17, 2020, by and among BeiGene, Ltd., an exempted company incorporated in the Cayman Islands (the “Company”), and Amgen Inc., a Delaware corporation (the “Investor”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement.
Re: Side Letter Regarding Collaboration Agreement and Stivarga AgreementCollaboration Agreement • May 1st, 2020 • Amgen Inc • Biological products, (no disgnostic substances)
Reference is hereby made to the Collaboration Agreement, dated April 22, 1994, as amended on April 24, 1996 (the “First Amendment”), on February 1, 1999 (the “Second Amendment”), on March 6, 2006 (the “Co-Promotion Agreement”), on January 1, 2009 (the “Co-Development Costs Side Letter”),on October 11, 2011 (the “Fourth Amendment”), and on May 29, 2015 (the “2015 Side Letter Regarding Collaboration Agreement”) (such agreement as amended by the First Amendment, Second Amendment, the Co-Promotion Agreement, the Co-Development Costs Side Letter, Fourth Amendment and 2015 Side Letter Regarding Collaboration Agreement being referred to herein as the “Collaboration Agreement”) by and between Onyx Pharmaceuticals, Inc., a Delaware corporation having its principal place of business in South San Francisco, California (“Onyx”), and Bayer HealthCare LLC, a Delaware company having its principal place of business in Whippany, New Jersey and the successor-in-interest to Bayer Corporation (“Bayer” and
