Exclusive Distribution Agreement, dated March 24, 2009 (the “EDA”), by and between Horizon Pharma AG (previously Nitec Pharma AG) (“Horizon”) and Mundipharma International Corporation Limited (“Mundipharma”); the Manufacturing and Supply Agreement...Horizon Pharma, Inc. • September 7th, 2012 • Pharmaceutical preparations
In order to clarify certain of the parties’ rights and obligations under the EDA, MSA and Letter Agreement, and to ensure the supply of Product for Mundipharma’s forthcoming study into the treatment of Polymyalgia Rheumatica (“PMR Study”) pursuant to the EDA and the First Letter Agreement, Horizon, Mundipharma and MMCo, intending to be legally bound, agree as set forth below. Capitalized terms used but not otherwise defined in this letter agreement shall have the meanings provided in the EDA.
CONSENT AND AMENDMENTConsent and Amendment • September 7th, 2012 • Horizon Pharma, Inc. • Pharmaceutical preparations • New York
This CONSENT AND AMENDMENT (this “Consent”) is entered into this 7th day of September, 2012, by and among HORIZON PHARMA USA, INC., a Delaware corporation (formerly called HORIZON THERAPEUTICS, INC.) (“Horizon”) and HORIZON PHARMA, INC., a Delaware corporation (“Horizon Pharma” and together with Horizon, each a “Borrower” and, collectively, jointly and severally, the “Borrowers”), the Lenders listed on the signature pages to the Loan Agreement referenced below, and CORTLAND CAPITAL MARKET SERVICES LLC, a Delaware limited liability company, with an office located at 225 West Washington Street, Suite 1450, Chicago, Illinois 60606 (“Cortland”), as administrative agent for the Lenders, or any successor administrative agent (in such capacity, the “Administrative Agent”).
