EMPLOYMENT AGREEMENTEmployment Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
This AGREEMENT, effective November 1, 2015 (the “Agreement”), is entered into between Kadmon Corporation, LLC, a Delaware corporation (the “Company”), and Harlan W. Waksal, M.D., an individual with a place of domicile of 111 Schooner Lane Jupiter, FL 33477 (the “Employee”).
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
This ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into on this 17th day of June, 2013 (the “Effective Date”) by and between Kadmon Pharmaceuticals, LLC, a Pennsylvania limited liability company (“Kadmon”), AbbVie Bahamas Ltd., a Bahamas corporation (“AbbVie”), and solely for purposes of Section 8.12, AbbVie Inc., a Delaware corporation (“Parent”). Kadmon and AbbVie may each be referred to herein individually as a “Party” and collectively as the “Parties.” Capitalized terms used in this Agreement shall have the meanings ascribed to them in Section 1 herein.
FIRST AMENDMENT TO ASSET PURCHASE AGREEMENT AS OF JUNE 20, HEALTHCARE LIMITED D/B/A ZYDUS CADILA AND KADMON PHARMACEUTICALS, LLC f/k/a THREE RIVERS PHARMACEUTICALS, LLCConfidential Treatment • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations
WHEREAS, Zydus Pharmaceuticals USA. Inc. (“Zydus”)(as Seller), Cadila Healthcare Limited d/b/a Zydus Cadila (“Zydus Cadila”) and Kadmon Pharmaceuticals. LLC f/k/a Three Rivers Pharmaceutical, LLC (“Kadmon”)(as Buyer) entered into, inter alia, an Asset Purchase Agreement dated as of June 20, 2008 (the “Asset Purchase Agreement”), and now desire to amend and restate it;
AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF KADMON HOLDINGS, LLCLimited Liability Company Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • Delaware
This Amendment No. 1 (“Amendment”), dated as of August 1, 2015 (the “Amendment Date”), to the Second Amended and Restated Limited Liability Company Agreement, dated as of June 27, 2014 (the “Agreement”), of Kadmon Holdings, LLC, a Delaware limited liability company (the “Company”), is executed as of the Amendment Date by Members constituting the Required Holders (as defined below). Each capitalized term used but not defined herein shall have the meaning ascribed to such term in the Agreement.
FIRST AMENDED AND RESTATED LICENSE AGREEMENTConfidential Treatment • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
This FIRST AMENDED AND RESTATED LICENSE AGREEMENT (the “Agreement”), dated as of September , 2011 (the “Execution Date”) and effective as of August 13, 2010 (the “Effective Date”) by and between Symphony Evolution, Inc., a Delaware corporation (“Symphony”) and Kadmon Corporation, LLC (f/k/a Kadmon Pharmaceuticals, LLC), a Delaware limited liability company (“Licensee”) (each of Symphony and Licensee being a “Party,” and collectively, the “Parties”).
THIRD AMENDED AND RESTATED SENIOR SECURED CONVERTIBLE CREDIT AGREEMENT dated as of August 28, 2015 between KADMON PHARMACEUTICALS, LLC as Borrower, The Guarantors from Time to Time Party Hereto, THE LENDERS FROM TIME TO TIME PARTY HERETO, and...Credit Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
THIRD AMENDED AND RESTATED SENIOR SECURED CONVERTIBLE CREDIT AGREEMENT, dated as of August 28, 2015 (this “Agreement”), among KADMON PHARMACEUTICALS, LLC, a Pennsylvania limited liability company (“Borrower”), the Guarantors from time to time party hereto, the several banks and other financial institutions and lenders from time to time party hereto (the “Lenders”), and MACQUARIE US TRADING LLC, and its successors and assigns, in its capacity as administrative agent, collateral agent and custodian for the Lenders (the “Administrative Agent”).
CREDIT AGREEMENTCredit Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
CREDIT AGREEMENT, dated as of August 28, 2015 (this “Agreement”), among KADMON PHARMACEUTICALS, LLC, a Pennsylvania limited liability company (“Borrower”), the Guarantors from time to time party hereto, the Persons listed on the signature pages hereto as “Lenders” and PERCEPTIVE CREDIT OPPORTUNITIES FUND, LP, a Delaware limited partnership (“Perceptive”), as collateral representative of the Lenders (in such capacity, together with its successors and permitted assigns, “Collateral Representative”).
FOURTH AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENTLicense Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations
This FOURTH AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENT (the “Fourth Amendment”) is made and effective as of May 1, 2014 (the “Fourth Amendment Effective Date”), by and between Symphony Evolution, Inc., a Delaware corporation (“Symphony”) and Kadmon Corporation, LLC (f/k/a Kadmon Pharmaceuticals, LLC), a Delaware limited liability company (“Licensee”) (each of Symphony and Licensee being a “Party,” and collectively, the “Parties”).
ContractKadmon Holdings, LLC • June 10th, 2016 • Pharmaceutical preparations • New York
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS, AND MAY NOT BE PLEDGED, SOLD, OFFERED FOR SALE, TRANSFERRED, OR OTHERWISE DISPOSED OF IN THE ABSENCE OF REGISTRATION UNDER OR EXEMPTION FROM SUCH ACT AND ALL APPLICABLE STATE SECURITIES LAWS.
SEPARATION AGREEMENTSeparation Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
This SEPARATION AGREEMENT (“Agreement”), dated February 3, 2016, is made effective as of the Submission Date (as defined below), by and between Kadmon Holdings, LLC, a Delaware limited liability company (“Holdings” and, together with its subsidiaries and any successor entity, the “Company”), and Samuel D. Waksal, Ph.D. (“Waksal”). In consideration of the mutual promises contained in this Agreement, the parties agree as follows:
KADMON HOLDINGS, LLC REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of June 8, 2016 (the “Effective Date”), among KADMON HOLDINGS, LLC, a Delaware limited liability company (the “Company”), and each of the several lenders named on the signature pages hereto (individually, a “Lender” and collectively, the “Lenders”). Certain capitalized terms used herein and not otherwise defined have the meaning given to them in Section 11(a) hereof.
SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF KADMON HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY DATED AS OF June 27, 2014Limited Liability Company Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • Delaware
This Second Amended and Restated Limited Liability Company Agreement (this “Agreement”) of KADMON HOLDINGS, LLC, a Delaware limited liability company (the “Company”), dated as of June 27, 2014, is made by and among (i) the signatories on the signature pages hereto identified as the initial members and all signatories to counterpart signature pages hereto (collectively, with all of their respective Permitted Transferees, the “Initial Members”) and (ii) such other Person(s) (defined below) who execute a Joinder Agreement as defined in Section 9.5 hereof (together with all their respective Permitted Transferees, the “Other Members”; and collectively with the Initial Members, the “Members”).
THIRD AMENDMENT TO LEASETo Lease • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations
This Third Amendment (this “Amendment”) to Lease is made as of January 4, 2013, by and between ARE-East River Science Park, LLC, a Delaware limited liability company (“Landlord”), and Kadmon Corporation, LLC, a Delaware limited liability company, successor-in-interest to Kadmon Pharmaceuticals, LLC, a Delaware limited liability company (“Tenant”).
AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF KADMON HOLDINGS, LLCLimited Liability Company Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • Delaware
This Amendment No. 2 (“Amendment”), dated as of August 28, 2015 (the “Amendment Date”), to the Second Amended and Restated Limited Liability Company Agreement, dated as of June 27, 2014, as amended (the “Agreement”), of Kadmon Holdings, LLC, a Delaware limited liability company (the “Company”), is executed as of the Amendment Date by Members constituting the Required Holders (as defined below). Each capitalized term used but not defined herein shall have the meaning ascribed to such term in the Agreement.
FIRST AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENTLicense Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations
This FIRST AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENT (the “First Amendment”) is made and effective as of December 11, 2012 (the “First Amendment Effective Date”), by and between Symphony Evolution, Inc., a Delaware corporation (“Symphony”) and Kadmon Corporation, LLC (f/k/a Kadmon Pharmaceuticals, LLC), a Delaware limited liability company (“Licensee”) (each of Symphony and Licensee being a “Party,” and collectively, the “Parties”).
CLASS A UNIT PURCHASE WARRANT KADMON HOLDINGS, LLCWarrant • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • Delaware
THIS WARRANT (this “Warrant”), dated as of [·], is issued by KADMON HOLDINGS, LLC, a Delaware limited liability company (the “Company”), to [·], with a mailing address set forth on the signature page (the “Warrant Holder”).
SECOND AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENTLicense Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations
This SECOND AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENT (the “Second Amendment”) is made and effective as of March 28, 2013 (the “Second Amendment Effective Date”), by and between Symphony Evolution, Inc., a Delaware corporation (“Symphony”) and Kadmon Corporation, LLC (f/k/a Kadmon Pharmaceuticals, LLC), a Delaware limited liability company (“Licensee”) (each of Symphony and Licensee being a “Party,” and collectively, the “Parties”).
FIFTH AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENTLicense Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations
This FIFTH AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENT (the “Fifth Amendment”) is made and effective as of June 11, 2014 (the “Fifth Amendment Effective Date”), by and between Symphony Evolution, Inc., a Delaware corporation (“Symphony”) and Kadmon Corporation, LLC (f/k/a Kadmon Pharmaceuticals, LLC), a Delaware limited liability company (“Licensee”) (each of Symphony and Licensee being a “Party,” and collectively, the “Parties”).
THIRD AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENTLicense Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations
This THIRD AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENT (the “Third Amendment”) is made and effective as of October 31, 2013 (the “Third Amendment Effective Date”), by and between Symphony Evolution, Inc., a Delaware corporation (“Symphony”) and Kadmon Corporation, LLC (f/k/a Kadmon Pharmaceuticals, LLC), a Delaware limited liability company (“Licensee”) (each of Symphony and Licensee being a “Party,” and collectively, the “Parties”).
NON-EXCLUSIVE LICENSE AND COMPOUND LIBRARY SALE AGREEMENT By and Between Chiromics, LLC and Kadmon Corporation, LLCConfidential Treatment • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
This Non-Exclusive License and Compound Library Sale Agreement is entered into as of this 18th day of November, 2011 by and between Chiromics, LLC a Delaware limited liability company with an address of P.O. Box 252, Princeton, NJ 08542 (“Chiromics”), and Kadmon Corporation, LLC, a Delaware limited liability company with an address of 450 East 29th Street, 5th Floor, New York, NY 10016 (“Kadmon”).
SIXTH AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENTLicense Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations
This SIXTH AMENDMENT TO FIRST AMENDED AND RESTATED LICENSE AGREEMENT (the “Sixth Amendment”) is made and effective as of September 30, 2014 (the “Sixth Amendment Effective Date”), by and between Symphony Evolution, Inc., a Delaware corporation (“Symphony”) and Kadmon Corporation, LLC (f/k/a Kadmon Pharmaceuticals, LLC), a Delaware limited liability company (“Licensee”) (each of Symphony and Licensee being a “Party,” and collectively, the “Parties”).
CO-PROMOTION AGREEMENT between VIVUS and KADMON Dated as of June 1, 2015Confidential Treatment • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • Delaware
THIS CO-PROMOTION AGREEMENT (this “Agreement”) is made and entered into as of June 1, 2015 (the “Effective Date”) by and between VIVUS, a company organized under the laws of the state of Delaware (“VIVUS”) and KADMON, a company organized under the laws of the state of Delaware (“KADMON”). Each of VIVUS and KADMON is referred to individually as a “Party,” and collectively, as the “Parties.”
NON-EXCLUSIVE PATENT LICENSE AGREEMENTNon-Exclusive Patent License Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
THIS NON-EXCLUSIVE PATENT LICENSE AGREEMENT (this “Agreement”) is made and entered into as of June 20, 2008 (“Effective Date”) by and among Three Rivers Pharmaceuticals LLC, a Pennsylvania limited liability company, (the “Licensor”), Zydus Pharmaceuticals USA, Inc., a New Jersey corporation, and Cadila Healthcare Limited d/b/a Zydus-Cadila, an Indian corporation (collectively, the “Licensee”), Licensor and Licensee are sometimes referred to as the “Parties” and individually as a “Party”.
ContractNon-Convertible Credit Facility Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”) AND, ACCORDINGLY, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED WITHIN THE UNITED STATES OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, U.S. PERSONS, EXCEPT AS SET FORTH IN THE FOLLOWING SENTENCE. BY ITS ACQUISITION HEREOF OR OF A BENEFICIAL INTEREST HEREIN, THE HOLDER OF THIS SECURITY (1) REPRESENTS THAT (A) IT IS AN “ACCREDITED INVESTOR” WITHIN THE MEANING OF RULE 501(a) UNDER REGULATION D OF THE SECURITIES ACT (AN “AI”), (B) IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) (A “QIB”) OR (C) IT IS NOT A U.S. PERSON, IS NOT ACQUIRING THIS SECURITY FOR THE ACCOUNT OR BENEFIT OF A U.S. PERSON AND IS ACQUIRING THIS SECURITY IN AN OFFSHORE TRANSACTION IN COMPLIANCE WITH REGULATION S UNDER THE SECURITIES ACT, (2) AGREES THAT IT WILL NOT, WITHIN THE TIME PERIOD REFERRED TO UNDER RULE 144(d)(1) UNDER THE SECURITIES ACT AS IN EFFECT ON
KADMON HOLDINGS, LLC (a Delaware limited liability company) Written Consent of Members Constituting a Special Approval Vote In Lieu of a Meeting as of November 20, 2015Kadmon Holdings, LLC • June 10th, 2016 • Pharmaceutical preparations
The undersigned, being members of Kadmon Holdings, LLC, a Delaware limited liability company (the “Company”), collectively constituting members who satisfy the requirement of a Special Approval Vote (as such term is defined in the Company’s Second Amended and Restated Limited Liability Company Agreement dated as of June 27, 2014, as amended by a Written Consent of Members Constituting a Special Approval Vote in Lieu of a Meeting dated as of November 26, 2014, as further amended by Amendment No. 1 to Second Amended and Restated Limited Liability Company Agreement, dated as of August 1, 2015, as further amended by Amendment No. 2 to Second Amended and Restated Limited Liability Company Agreement, dated as of August 28, 2015, and as further amended by Amendment No. 3 to Second Amended and Restated Limited Liability Company Agreement, dated as of October 27, 2015; as so amended, the “Agreement”) (the “Members”), DO HEREBY CONSENT to the taking of the following actions and DO HEREBY ADOPT t
AMENDMENT AND MODIFICATION AGREEMENT TO TRANSACTION DOCUMENTSConfidential Treatment • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
This AMENDMENT AND MODIFCATION AGREEMENT dated as of October 2, 2014 (this “Amendment”) to: (i) that certain Asset Purchase Agreement by and between Kadmon Pharmaceuticals, LLC (“Kadmon”) and AbbVie Bahamas, Ltd. (the “APA”); (ii) that certain License Agreement by and between Kadmon and AbbVie Inc. (as amended by that certain Amendment No.1 to the License Agreement dated May 22, 2014, the “License Agreement”); and (iii) that certain Supply Agreement by and between Kadmon and AbbVie Bahamas, Ltd. (the “Supply Agreement”), each dated June 17, 2013, is made by and between Kadmon, on the one hand, and AbbVie Bahamas, Ltd. and AbbVie Inc., (together, “AbbVie”), on the other hand. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Transaction Documents (as defined below).
confidential SUPPLY AND DISTRIBUTION AGREEMENTSupply and Distribution Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • Delaware
This Supply and Distribution Agreement (“Agreement”) made effective as of February 23, 2016 (the “Effective Date”) is made between Kadmon Pharmaceuticals, LLC., a Pennsylvania Limited Liability Company (“KADMON”), with its principal place of business at 119 Commonwealth Drive, Warrendale, PA 15086 and Camber Pharmaceuticals, Inc., a Delaware company (“CAMBER”), with its principal place of business at 1031 Centennial Avenue, Piscataway, NJ 08854. CAMBER and KADMON are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
LICENSE AGREEMENT BY AND BETWEEN KADMON PHARMACEUTICALS, LLC AND ABBVIE INC.Confidential Treatment • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK ***, HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
This Amendment, dated as of October 27, 2015 (this “Amendment”), is made among KADMON PHARMACEUTICALS, LLC, a Pennsylvania limited liability company, the Guarantors, the lenders listed on the signature pages hereof under the heading “LENDERS” (each a “Lender” and, collectively, the “Lenders”), and Macquarie US Trading LLC, in its capacity as administrative agent, collateral agent and custodian for the Lenders (the “Administrative Agent”) with respect to the Credit Agreement referred to below.
SECOND WAIVER AND CONSENT AGREEMENT TO CREDIT AGREEMENTCredit Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
This EXCHANGE AGREEMENT (this “Agreement”), dated as of June 8, 2016, is by and among KADMON HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), KADMON PHARMACEUTICALS, LLC, a Pennsylvania limited liability company (the “Company”), and each investor identified on the signature pages hereto (collectively, the “Investors” and each, an “Investor”).
AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
This Amendment, dated as of October 27, 2015 (this “Amendment”), is made among KADMON PHARMACEUTICALS, LLC, a Pennsylvania limited liability company, the Guarantors, and the lenders listed on the signature pages hereof under the heading “LENDERS” (each a “Lender” and, collectively, the “Lenders”), with respect to the Credit Agreement referred to below.
AMENDMENT TO SUPPLY AND DISTRIBUTION AGREEMENTSupply and Distribution Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations
This Amendment modifies the Supply and Distribution Agreement by and between Kadmon Pharmaceuticals, LLC, a Pennsylvania Limited Liability Company (“KADMON”), with its principal place of business at 119 Commonwealth Drive, Warrendale, PA 15086 and Camber Pharmaceuticals, Inc., a Delaware company (“CAMBER”), with its principal place of business at 1031 Centennial Avenue, Piscataway, NJ 08854, effective as of February 23, 2016 (the “Agreement”). Capitalized terms not otherwise defined herein have the meanings ascribed to them in the Agreement.
AMENDMENT #2 TO CREDIT AGREEMENTCredit Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • New York
This Amendment #2, dated as of June 8, 2016 (this “Amendment”), is made among KADMON PHARMACEUTICALS, LLC, a Pennsylvania limited liability company (the “Borrower”), the Guarantors party hereto, and the lenders listed on the signature pages hereof under the heading “LENDERS” (each a “Lender” and, collectively, the “Lenders”), with respect to the Credit Agreement referred to below.
AMENDMENT NO. 4 TO SECOND AMENDED AND RESTATEDLimited Liability Company Agreement • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations • Delaware
This Amendment No. 4 (“Amendment”), dated as of June 8, 2016 (the “Amendment Date”), to the Second Amended and Restated Limited Liability Company Agreement, dated as of June 27, 2014, as amended (the “Agreement”), of Kadmon Holdings, LLC, a Delaware limited liability company (the “Company”), is executed as of the Amendment Date by Members constituting the Required Holders (as defined below). Each capitalized term used but not defined herein shall have the meaning ascribed to such term in the Agreement.
THIRD AMENDMENT TO THE LICENSE AGREEMENTConfidential Treatment • June 10th, 2016 • Kadmon Holdings, LLC • Pharmaceutical preparations
This THIRD AMENDMENT dated as of May , 2015 (this “Third Amendment”) to that certain License Agreement by and between Kadmon Pharmaceuticals, LLC (“Kadmon”) and AbbVie Inc., (“AbbVie”) dated June 17, 2013 as amended,(the “License Agreement”), is made by and between Kadmon and AbbVie. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the License Agreement.
