Execution Date: May 31, 2006 AMENDED AND RESTATED SUPPLY AND DISTRIBUTION AGREEMENT between SUPERGEN, INC. (SUPPLIER) and WYETH (DISTRIBUTOR) Made Effective: 1 June 2006 CONFIDENTIALSupply and Distribution Agreement • August 9th, 2006 • Supergen Inc • Pharmaceutical preparations • New York
WHEREAS, Distributor and Supplier are the successors in interest to that certain distribution agreement between American Cyanamid Company and Warner-Lambert Company, respectively, dated June 1, 1992 as amended on February 6, 1996 (the “Distribution Agreement”; attached hereto as Exhibit A), pursuant to which Distributor agreed, through one or more of its Affiliates, to distribute the Pentostatin-containing products under the trademark NIPENT;
