FIFTH AMENDMENT TO THE AMENDED AND RESTATED STRATEGIC ALLIANCE AGREEMENTStrategic Alliance Agreement • August 6th, 2010 • Penwest Pharmaceuticals Co • Pharmaceutical preparations • New York
This Fifth Amendment to the Amended and Restated Strategic Alliance Agreement (this “Amendment”) dated as of June 8, 2010 is made by and between PENWEST PHARMACEUTICALS CO., a corporation organized and existing under the laws of the State of Washington, with its principal place of business at 2981 Route 22, Patterson, New York 12563 (“Penwest”), and ENDO PHARMACEUTICALS INC., a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 100 Endo Boulevard, Chadds Ford, Pennsylvania 19317 (“Endo”), and amends the Amended and Restated Strategic Alliance Agreement, dated April 2, 2002, between Penwest and Endo (as amended, the “Strategic Alliance Agreement”). Any capitalized terms used but not defined in this Amendment will have the meaning ascribed to such terms in the Strategic Alliance Agreement. Penwest and Endo are referred to in this Amendment as the “Parties” and individually as a “Party”. Any capitalized terms used but not de
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. SETTLEMENT AND LICENSE AGREEMENTSettlement and License Agreement • August 6th, 2010 • Penwest Pharmaceuticals Co • Pharmaceutical preparations • New Jersey
This SETTLEMENT AND LICENSE AGREEMENT (“Agreement”), effective as of the Effective Date (as defined below), is made by and among Endo Pharmaceuticals Inc., a Delaware corporation having its principal place of business at 100 Endo Boulevard, Chadds Ford, PA 19317 (“Endo”), Penwest Pharmaceuticals Co., a Washington corporation having its principal place of business at 2981 Route 22, Suite 2, Patterson, NY 12563 (“Penwest”), and Impax Laboratories, Inc., a Delaware corporation having its principal place of business at 30831 Huntwood Avenue, Hayward, California 94544 (“Impax”). Endo, Penwest and Impax are hereinafter collectively referred to as the “Parties”, and each individually as a “Party”.
Manufacturing Services Agreement June 7, 2010Manufacturing Services Agreement • August 6th, 2010 • Penwest Pharmaceuticals Co • Pharmaceutical preparations • New York
THIS AGREEMENT WITNESSES THAT in consideration of the rights conferred and the obligations assumed herein, and for other good and valuable consideration (the receipt and sufficiency of which are acknowledged by each Party), and intending to be legally bound the Parties agree as follows:
FOURTH AMENDMENT TO THE AMENDED AND RESTATED STRATEGIC ALLIANCE AGREEMENTStrategic Alliance Agreement • August 6th, 2010 • Penwest Pharmaceuticals Co • Pharmaceutical preparations • New York
This Fourth Amendment to the Amended and Restated Strategic Alliance Agreement (this “Amendment”), effective as of April 8, 2010 (the “Amendment Date”) is made by and among Penwest Pharmaceuticals Co., a Washington Corporation with its principal place of business at 2981 Route 22, Patterson, New York 12563 (“Penwest”) and Endo Pharmaceuticals Inc., a Delaware corporation with its principal place of business at 100 Endo Boulevard, Chadds Ford, Pennsylvania 19317 (“Endo”), and amends the Amended and Restated Strategic Alliance Agreement, dated April 2, 2002, between Penwest and Endo (as amended) (the “Strategic Alliance Agreement”). Penwest and Endo are referred to in this Amendment as the “Parties” and individually as a “Party”. Any capitalized terms used but not defined herein will have the meaning ascribed to such terms in the Strategic Alliance Agreement.
