COST ALLOCATION AGREEMENTCost Allocation Agreement • August 7th, 2009 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations • New York
This COST ALLOCATION AGREEMENT (this “Agreement”) is entered into and effective as of May 4, 2009 by and between ELI LILLY AND COMPANY, a corporation organized and existing under the laws of the State of Indiana, whose principal place of business is Lilly Corporate Center, Indianapolis, Indiana, 46285, United States of America (“Lilly”) and AMYLIN PHARMACEUTICALS, INC., a corporation organized and existing under the laws of Delaware, whose principal place of business is 9360 Towne Centre Drive, San Diego, California 92121, United States of America (“Amylin”). Unless otherwise designated, capitalized terms used but not otherwise defined herein shall have the meanings provided in the Collaboration Agreement (defined below).
Re: Collaboration Agreement between Eli Lilly and Company (“Lilly”) and Amylin Pharmaceuticals, Inc. (“Amylin”), dated September 19, 2002, as amended to date (the “Collaboration Agreement”)Collaboration Agreement • August 7th, 2009 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations
This letter confirms our understanding with respect to certain amendments to the Collaboration Agreement and the co-location of certain Lilly personnel at Amylin’s facilities in furtherance of Amylin’s and Lilly’s efforts under the Collaboration Agreement to operate efficiently and effectively. Capitalized terms used but not defined herein have the meanings given to them in the Collaboration Agreement.
EXENATIDE ONCE WEEKLY PEN SUPPLY AGREEMENTExenatide Once Weekly Pen Supply Agreement • August 7th, 2009 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations • New York
This EXENATIDE ONCE WEEKLY PEN SUPPLY AGREEMENT (“Agreement”) is entered into as of May 11, 2009 (the “Effective Date”), by and between Amylin Pharmaceuticals, Inc. (“Amylin”), a Delaware corporation, and Eli Lilly and Company (“Lilly”), a corporation organized and existing under the laws of the State of Indiana. Amylin and Lilly are sometimes referred to herein individually as a “Party” and collectively as “Parties”. References to “Amylin” and “Lilly” and “Party” or “Parties” shall include their respective Affiliates.
SECOND AMENDMENT, CONSENT AND WAIVERCredit Agreement • August 7th, 2009 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations • New York
THIS SECOND AMENDMENT, CONSENT AND WAIVER dated as of May 6, 2009 (this “Amendment”), among AMYLIN PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), each of the Company’s subsidiaries listed on the signature pages hereto (collectively, together with the Company, the “Borrowers” and each a “Borrower”), the Lenders (as defined below) party hereto, and BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent and L/C Issuer (in such capacity, the “Administrative Agent”) for the Lenders.
