Second Amended and Restated Marketing and Supply Agreement by and among Arena Pharmaceuticals GmbH, Eisai Inc., and Eisai Co., Ltd. dated November 7, 2013Marketing and Supply Agreement • March 3rd, 2014 • Arena Pharmaceuticals Inc • Pharmaceutical preparations • New York
This SECOND AMENDED AND RESTATED MARKETING AND SUPPLY AGREEMENT (this “Agreement”) is entered into as of November 7, 2013 (the “2nd Amendment Effective Date”) by and among ARENA PHARMACEUTICALS GMBH, a company organized under the laws of Switzerland having a principal place of business at Untere Brühlstrasse 4, 4800, Zofingen, Switzerland (“Arena”), EISAI INC., a company organized under the laws of Delaware having a principal place of business at 100 Tice Blvd., Woodcliff Lake, New Jersey 07677 (“ESI”), and EISAI CO., LTD, a company organized under the laws of Japan having a principal place of business at 4-6-10 Koishikawa Bunkyo-ku, Tokyo, Japan, 112-88 (“ECL”). “Eisai” shall mean (a) ESI, with respect to rights and obligations of Eisai under this Agreement with respect to the United States and the Additional Territory and (b) ECL, with respect to rights and obligations of Eisai under this Agreement with respect to the New Territory. Each of Arena and Eisai may be referred to in this
