EMPLOYMENT AGREEMENTEmployment Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of February 21, 2017 (the “Effective Date”) by and between ATHENEX, INC., a company existing under the laws of Delaware having its principal office at Conventus Building, 1001 Main Street, Suite 600, Buffalo, New York 14203 (the “Company”), and J. Nick Riehle, an individual residing at ### ####### #### #######, #### #####, ## #####, USA (“Executive”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of June 1, 2015 (the “Effective Date”) by and between KINEX POLYMED HONG KONG LTD, a company existing under the laws of Hong Kong, having its principal office at 18th Floor, Edinburgh Tower, The Landmark, 15 Queen’s Road Central, Hong Kong (the “Company”), and WILLIAM ZUO, PhD an individual residing at ### # ##### ##, #######, ## ##### (“Executive”).
LICENSE AGREEMENT by and between HANMI PHARMACEUTICAL LTD. and KINEX PHARMACEUTICALS, LLC ORASCOVERY PROGRAMLicense Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS LICENSE AGREEMENT (this “Agreement”) is made and entered into as of December 16, 2011 (“Effective Date”), by and between KINEX PHARMACEUTICALS, LLC, a limited liability company organized and existing under the laws of the State of New York and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, United States (“Kinex”) and HANMI PHARMACEUTICAL LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 45 Hanmi Tower, BangYee-Dong SongPa-Gu, Seoul, 138-724 South Korea (“Hanmi”).
LICENSE AGREEMENT by and between HANMI PHARMACEUTICAL CO., LTD. and KINEX THERAPEUTICS (HK) LIMITED and KINEX PHARMACEUTICALS, INC. (as guarantor) ON ORASCOVERY PROGRAM MAINLAND CHINA TERRITORYLicense Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS LICENSE AGREEMENT (this “Agreement”) is made and entered into as of June 28, 2013 (“Effective Date”), by and among KINEX THERAPEUTICS (HK) LIMITED, a corporation organized and existing under the laws of Hong Kong and having its principal office at 11/F, AXA Centre, 151 Gloucester Road, Hong Kong (“Kinex”), HANMI PHARMACEUTICAL CO., LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 14,Wiryeseong-daero,Songpa-gu, Seoul, 138-724 South Korea (“Hanmi”) and KINEX PHARMACEUTICALS, INC., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, United States, previously known as Kinex Pharmaceuticals, LLC (“Kinex US”).
ASSET PURCHASE AGREEMENT between ATHENEX, INC. and AMPHASTAR PHARMACEUTICALS, INC. Dated as of February 1, 2017Asset Purchase Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • Delaware
ASSET PURCHASE AGREEMENT dated as of , 2017 (this “Agreement”), between Athenex, Inc., a Delaware corporation (“Purchaser”) and Amphastar Pharmaceuticals, Inc., a Delaware corporation (“Seller”).
FIRST AMENDMENT TO LICENSE AGREEMENTLicense Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations
This FIRST AMENDMENT TO LICENSE AGREEMENT (this “First Amendment”) is made and entered into as of this 23rd day of December, 2016 (“Effective Date”) by and between Athenex, Inc., formerly known as Kinex Pharmaceuticals, LLC, a corporation organized and existing under the laws of the state of Delaware, USA, with a principal place of business at 1001 Main Street, Suite 600, Buffalo, New York 14203 (“Athenex”), and PharmaEssentia Corp., a publicly traded company organized and existing under the laws of Taiwan with a principal place of business at 13F., No. 3 YuanQu Street, Nankang District, Taipei 115, Taiwan (“PharmaEssentia”).
EMPLOYMENT AGREEMENT Amended and Restated June 1, 2015Employment Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS AGREEMENT is an amendment and restatement of the agreement entered into on March 1, 2013, and amended and restated effective March 10, 2014, by and between Johnson Lau (the “Executive”), and Kinex Pharmaceuticals, Inc. (the “Corporation”).
LICENSE AGREEMENT by and between KINEX PHARMACEUTICALS, INC. and PHARMAESSENTIA CORP December 16, 2013License Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
*** = Portions of this exhibit have been omitted pursuant to a request for confidential treatment. An unredacted version of this exhibit has been filed separately with the Commission.
FIRST AMENDMENT TO THE AGREEMENT FOR MEDICAL TECHNOLOGY RESEARCH, DEVELOPMENT, INNOVATION AND COMMERCIALIZATION ALLIANCEAgreement for Medical Technology Research, Development, Innovation and Commercialization Alliance • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations
This FIRST AMENDMENT TO THE AGREEMENT FOR MEDICAL TECHNOLOGY RESEARCH, DEVELOPMENT, INNOVATION AND COMMERCIALIZATION ALLIANCE (“First Amendment”) is effective as of July 21, 2015, (“First Amendment Effective Date”) and is between FORT SCHUYLER MANAGEMENT CORPORATION (“FSMC”), a not-for-profit corporation existing under the laws of the State of New York, having its office located at 257 Fuller Road, Albany, New York 12203 and KINEX PHARMACEUTICALS, INC. (“KINEX”), a Delaware corporation with its principal office located at 701 Ellicott Street, Buffalo, New York 14203. Capitalized terms used but not defined in this First Amendment shall have the meanings set forth in the Agreement (as defined below).
FOURTH AMENDMENT TO LICENSE AGREEMENTLicense Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations
THIS FOURTH AMENDMENT TO LICENSE AGREEMENT (this “Fourth Amendment”) is made and entered as of March 7, 2017 (“Effective Date”), by and between ATHENEX INC., (formerly known as Kinex Pharmaceuticals INC. and prior, Kinex Pharmaceuticals, LLC.), a corporation organized and existing under the laws of the State of Delaware, and having its principal office in Suite 600, Conventus Building, 1001 Main Street, Buffalo, New York 14203, United States (‘Athenex”) and HANMI PHARMACEUTICAL CO., LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 14, Wiryeseong-daero, Songpa-gu, Seoul, 05545, South Korea (“Hanmi”).
SERVICE AGREEMENTService Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
This Service Agreement (this “Agreement”) is made as of this 9th day of August, 2016 by and between DOHMEN LIFE SCIENCE SERVICES, LLC, a Wisconsin limited liability company (“DLSS”), and ATHENEX PHARMACEUTICAL DIVISION, LLC, an Illinois limited liability company (“Manufacturer”),
LICENSE AGREEMENT by and between Kinex Pharmaceuticals, INC. and ZenRx Limited April 25, 2013License Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS LICENSE AGREEMENT (this “Agreement”) is made as of April 25, 2013, (“Effective Date”), by and between KINEX PHARMACEUTICALS, INC., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, USA (“Kinex”) and ZENRX LIMITED, a corporation existing under the laws of New Zealand and having its principal office at 156 Frederick Street, PO Box 1777, Dunedin 9054, New Zealand (“ZenRx”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • Delaware
This Indemnification Agreement (this “Agreement”) is made as of , by and between Athenex, Inc., a Delaware corporation (the “Company”), and the individual whose name appears below the word “Indemnitee” on the signature page (the “Indemnitee”), a director and/or officer of the Company.
SECOND AMENDMENT TO THE AGREEMENT FOR MEDICAL TECHNOLOGY RESEARCH, DEVELOPMENT, INNOVATION AND COMMERCIALIZATION ALLIANCEAgreement for Medical Technology Research, Development, Innovation and Commercialization Alliance • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations
This SECOND AMENDMENT TO THE AGREEMENT FOR MEDICAL TECHNOLOGY RESEARCH, DEVELOPMENT, INNOVATION AND COMMERCIALIZATION ALLIANCE (“Second Amendment”) is effective as of June 22, 2016, (“Second Amendment Effective Date”) and is between FORT SCHUYLER MANAGEMENT CORPORATION (“FSMC”), a not-for-profit corporation existing under the laws of the State of New York, having its office located at 257 Fuller Road, Albany, New York 12203 and ATHENEX, INC. (“ATHENEX”), a Delaware corporation with its principal office located at 1001 Main Street, Suite 600, Buffalo, New York 14203. Capitalized terms used but not defined in this Second Amendment shall have the meanings set forth in the Agreement (as defined below).
