AMENDMENT NO. 1 TO MANAGEMENT RETENTION AGREEMENTManagement Retention Agreement • March 31st, 2009 • Ap Pharma Inc /De/ • Pharmaceutical preparations
This Amendment No. 1 (this “Amendment”) to the Management Retention Agreement dated as of November 8, 2007 (the “Agreement”) between A.P. Pharma, Inc., a Delaware corporation (the “Company”), and Dr. John Barr (the “Employee”) is entered into as of December 23, 2008.
December 29, 2008 Mr. Ronald J. Prentki C/O A.P. Pharma, Inc. Redwood City, CA 94063 Re: Amendment to Offer Letter Dear Ron:Ap Pharma Inc /De/ • March 31st, 2009 • Pharmaceutical preparations
You are currently employed by A.P. Pharma, Inc. (the “Company”), pursuant to an offer letter from the Company dated July 2, 2008 (the “Offer Letter”), a copy of which is attached hereto as Exhibit A. This letter agreement (the “Amendment”) amends your Offer Letter to ensure documentary compliance with applicable provisions of Section 409A (“Section 409A”) of the Internal Revenue Code of 1986, as amended, and the final regulations issued thereunder.
