AMENDMENT NO. 5 TO COLLATERAL AGREEMENTCollateral Agreement • August 6th, 2019 • Vivus Inc • Pharmaceutical preparations
This AMENDMENT NO. 5 TO COLLATERAL AGREEMENT, dated as of June 5, 2019 (this “Amendment”), is entered into by and between VIVUS, Inc., a Delaware corporation (“Issuer”), U.S. Bank National Association, as Trustee (“Trustee”) and U.S. Bank National Association, as Collateral Agent (“Collateral Agent”).
ContractVivus Inc • August 6th, 2019 • Pharmaceutical preparations
[****] = Certain confidential information contained in this document has been omitted because it is both not material and would be competitively harmful if publicly disclosed.
FIRST AMENDMENTLicense and Supply Agreement • August 6th, 2019 • Vivus Inc • Pharmaceutical preparations
This Amendment (hereinafter referred to as the “First Amendment”) to the Amended and Restated Know-How License and Supply Agreement (hereinafter referred to as the “Agreement”) is made effective as of 26 June 2019 (“Effective Date”) by and between VIVUS, Inc., a company organized and existing under the laws of Delaware and having its principle office at 900 E. Hamilton Avenue, Suite 550, Campbell, CA 95008, USA (hereinafter referred to as “Vivus”), and Nordmark Arzneimittel GmbH & Co. KG, a company organized and existing under the laws of Germany, having its principal office at Pinnauallee 4, 25436 Uetersen, Germany (hereinafter referred to as “Nordmark”).
AMENDMENT NO. 1 TO LICENSE AND COMMERCIALIZATION AGREEMENT AND COMMERCIAL SUPPLY AGREEMENTSupply Agreement • August 6th, 2019 • Vivus Inc • Pharmaceutical preparations
THIS AMENDMENT NO. 1 TO LICENSE AND COMMERCIALIZATION AGREEMENT AND COMMERCIAL SUPPLY AGREEMENT (the “Amendment”) is effective as of the 1st day of January, 2019 (the “Amendment Effective Date”) by and between VIVUS, INC., a Delaware corporation with its principal place of business at 900 E. Hamilton Avenue, Suite 550, Campbell, CA 95008, United States (“VIVUS”), and BERLIN-CHEMIE AG, a German public limited company having a place of business at Glienicker Weg 125 – 127, 12489 Berlin, Germany (“Menarini”). VIVUS and Menarini are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
AMENDED AND RESTATED KNOW-HOW LICENSE AND SUPPLY AGREEMENT by and between JANSSEN PHARMACEUTICALS, INC. And NORDMARK ARZNEIMITTEL GMBH & CO. KGLicense and Supply Agreement • August 6th, 2019 • Vivus Inc • Pharmaceutical preparations
This Amended and Restated Know-How License and Supply Agreement (“Agreement”) is made effective as of the 3rd day of November, 2017 (“Effective Date”) by and between Janssen Pharmaceuticals, Inc., a corporation formed under the laws of Pennsylvania with offices at 1125 Trenton-Harbourton Road, Titusville, New Jersey 08650 (“Janssen”), and Nordmark Arzneimittel GmbH & Co. KG, a company incorporated under the laws of Germany, with offices at Pinnauallee 4, 25436 Uetersen, Germany (“Nordmark”). Janssen and Nordmark may each be referred to herein individually as a “Party” and collectively as the “Parties.”
