CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS ASSET PURCHASE AGREEMENT between SCHERING CORPORATION As SELLER and OPKO HEALTH, INC. As PURCHASER Dated as of October 12, 2009Asset Purchase Agreement • February 3rd, 2011 • Opko Health, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of October 12, 2009 (the “Execution Date”) is entered into by and between Schering Corporation, a New Jersey corporation having a business address at 2000 Galloping Hill Road, Kenilworth, New Jersey 07033 (“Seller”); and OPKO Health, Inc., a Delaware corporation having a business address at 4400 Biscayne Boulevard, Miami, Florida 33137 (“Purchaser”). Seller and Purchaser are sometimes referred to, individually, as a “Party” and, collectively, as the “Parties.”
ContractAsset Purchase Agreement • February 3rd, 2011 • Opko Health, Inc. • Surgical & medical instruments & apparatus
This letter confirms our understanding with respect to the schedule for the payment of the Twenty-Five Million Dollars ($25,000,000) that may become due and payable under Paragraph 2.7.2(b) of the Agreement. The schedule for payments made under Section 2.7.2(b) of the Agreement shall be as follows:
