AMENDED AND RESTATED EXCLUSIVE DISTRIBUTION AGREEMENT BETWEEN SEIKAGAKU CORPORATION AND BIOVENTUS LLC RESTATED AS OF MAY 4 , 2012Bioventus Inc. • June 30th, 2016 • Surgical & medical instruments & apparatus • New York
Amended and Restated Exclusive Distribution Agreement, as restated to include all amendments in effect as of May 4, 2012 (the “Effective Date”), (as so restated, this “Agreement”) by and between BIOVENTUS LLC, a Delaware limited liability company having its principal place of business at 4721 Emperor Boulevard, Durham, NC 27703 (“Distributor”), and SEIKAGAKU CORPORATION, a Japanese corporation having its principal place of business at Marunouchi Center Building, 6-1, Marunouchi 1-chome, Chiyoda-ku, Tokyo 100-0005, Japan (“Company”). Distributor and Company are sometimes referred to herein individually as a “Party” and are sometimes referred to herein collectively as the “Parties.”
Bioventus Inc. Durham, NC 27703Bioventus Inc. • June 30th, 2016 • Surgical & medical instruments & apparatus
Reference is made to the Amended and Restated Limited Liability Company Agreement (the “Agreement”) of Bioventus LLC (the “LLC”) dated as of May 4, 2012 among the LLC, Smith & Nephew, Inc., a Delaware corporation (“S&N”), Beluga I, Inc., a Delaware corporation, Beluga II, Inc., a Delaware corporation, Beluga III, Inc., a Delaware corporation, Beluga IV, Inc., a Delaware corporation, Beluga V, Inc., a Delaware corporation, Beluga VI, Inc., a Delaware corporation, Beluga VII, Inc., a Delaware corporation, Beluga VII-A, Inc., a Delaware corporation, Beluga VIII, Inc., a Delaware corporation, Mark A. Augusti and each other Member listed on the signature pages hereto from time to time. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Agreement.
