EMPLOYMENT AGREEMENTEmployment Agreement • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of February 20, 2017 (the “Effective Date”) by and between ATHENEX, INC., a company existing under the laws of Delaware having its principal office at Conventus Building, 1001 Main Street, Suite 600, Buffalo, New York 14203 (the “Company”), and Dr. Simon Pedder, an individual residing at #### ########## ####, ###### ####, ##, #####, USA (“Executive”).
December 8, 2016 Flint Besecker Orchard Park, New YorkLetter Agreement • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
Pursuant to our conversations over the past week, this letter contains the terms of our agreement for the transition of your services (the “Letter Agreement”) with Athenex, Inc. (the “Company”). The effective date of this Letter Agreement is the date that you sign and date this Letter Agreement (the “Effective Date”).
AGREEMENT FOR MEDICAL TECHNOLOGY RESEARCH, DEVELOPMENT, INNOVATION, AND COMMERCIALIZATION ALLIANCEAgreement for Medical Technology Research, Development, Innovation, and Commercialization Alliance • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
This AGREEMENT FOR MEDICAL TECHNOLOGY RESEARCH, DEVELOPMENT, INNOVATION, AND COMMERCIALIZATION ALLIANCE (“Agreement”) is effective as of May 1, 2015 (“Effective Date”) and is between FORT SCHUYLER MANAGEMENT CORPORATION (“FSMC”), a not-for-profit corporation existing under the laws of the State of New York having an office located at 257 Fuller Road, Albany, New York 12203, and KINEX PHARMACEUTICALS, INC. (“KINEX”), a Delaware corporation with its principal office located at 701 Ellicott Street, Buffalo, New York 14203. FSMC and KINEX are sometimes each referred to in this Agreement individually as a “Party” and collectively as “Parties.”
CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENTClinical Trial Collaboration and Supply Agreement • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
This CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENT (this “Agreement”), made as of October 24, 2016 (the “Effective Date”), is by and between Athenex, Inc., also known as Kinex Pharmaceuticals, Inc. (“Athenex”), a Delaware corporation having a place of business at 1001 Main Street, Suite 600 Buffalo, New York, and Eli Lilly and Company, having a place of business at Lilly Corporate Center, Indianapolis, Indiana 46285 (“Lilly Parent”) and ImClone LLC, having a place of business at 450 East 29th Street 12th Floor, New York, NY 10016 (“ImClone”, and together with Lilly Parent, “Lilly”. Athenex and Lilly are each referred to herein individually as “Party” and collectively “Parties”.
The Athenex Pharmaceutical Base Project Located in the Chongqing Maliu Riverside Development Zone Agreement Chongqing Maliu Riverside Development and Investment Co., Ltd. October 16, 2015Investment Agreement • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations
LIMITED LIABILITY COMPANY AGREEMENT OF PETERSON ATHENEX PHARMACEUTICALS, LLCLimited Liability Company Agreement • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations • Delaware
This Limited Liability Company of Peterson Athenex Pharmaceuticals, LLC, a Delaware limited liability company (“Company”), is entered into as of October 4th, 2016 by and among the Company, and SunGen Pharma LLC, a New Jersey limited liability company (“SunGen” dba “Peterson Pharmaceutical”) and Athenex Pharmaceutical Division, a division of Athenex, Inc., a Delaware corporation (“Athenex”).
THIRD AMENDMENT TO LICENSE AGREEMENTLicense Agreement • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations
THIS THIRD AMENDMENT TO LICENSE AGREEMENT (this “Third Amendment”) is made and entered into as of March 3, 2015 (“Effective Date”), by and between KINEX PHARMACEUTICALS, INC., a corporation organized and existing under the laws of the State of Delaware USA and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, United States (“Kinex”) and HANMI PHARMACEUTICAL LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 14, Wiryeseong-daero,Songpa-gu, Seoul, 138-724 South Korea (“Hanmi”).
BINDING TERM SHEET FOR LICENSE dated February 22, 2017 by and between ATHENEX PHARMACEUTICAL DIVISION, LLC (“Athenex”) and GLAND PHARMA LIMITED (“Gland”) DefinitionsLicense Agreement • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations • Illinois
Product License: Gland is the manufacturer of the Products identified on Schedule A (Products). Gland licenses Athenex to distribute the Product in North America (Territory).
FIRST AMENDMENT TO THE LETTER AGREEMENT BETWEEN ATHENEX, INC. AND FLINT D. BESECKER DATED DECEMBER 8, 2016Letter Agreement • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
Reference is made to the letter agreement between Athenex, Inc., a Delaware corporation (the “Company”), and Flint D. Besecker (“Besecker”) dated December 8, 2016 (the “December 8 Agreement”). This first amendment to the December 8 Agreement is made by and between the Company and Besecker and is effective as of 5:01 pm EST on 4/17, 2017 (the “Amendment”).
