Certain identified information has been excluded from the exhibit because it is both (i) not material and (ii) is the type of information that the registrant treats as private or confidential. Double asterisks denote omissions. FIRST AMENDMENT to API...Api Supply Agreement • August 5th, 2021 • Nabriva Therapeutics PLC • Pharmaceutical preparations
THIS FIRST AMENDMENT (“Amendment”) is entered into by and between Nabriva Therapeutics Ireland DAC, with a principal place of business at Suite 510, Regus Dublin Airport, Skybridge House Dublin Airport, Swords, County Dublin, Ireland (“Nabriva”), and Hovione Limited, (“Hovione”). All capitalized terms not defined in this Amendment shall have the same meaning as set forth in the Agreement (defined below).
Certain identified information has been excluded from the exhibit because it is both (i) not material and (ii) is the type of information that the registrant treats as private or confidential. Double asterisks denote omissions. SECOND AMENDMENT TO...Sales Promotion and Distribution Agreement • August 5th, 2021 • Nabriva Therapeutics PLC • Pharmaceutical preparations • New Jersey
THIS SECOND AMENDMENT, dated as of the effective date set forth in Section 2.01 below (this “Amendment”), by and among NABRIVA THERAPEUTICS IRELAND DESIGNATED ACTIVITY COMPANY, an Irish designated activity company (“Distributor”), with its registered office at Alexandra House, Office 225/227, The Sweepstakes, Ballsbridge, Dublin 4, D04 C7H2, Ireland, MSD INTERNATIONAL GMBH, a Swiss corporation (“MSD”), with offices at Weystrasse, 20, 6006 Lucerne, Switzerland, and, solely for purposes of Sections 7.1, 7.2 and 8.1.5 of the Agreement, MERCK SHARP & DOHME CORP., a New Jersey corporation (“Supplier”), with offices at 2000 Galloping Hill Road, Kenilworth, NJ 07033, USA, amends the Sales Promotion and Distribution Agreement by and among Distributor, MSD and, solely for purposes of Sections 7.1, 7.2 and 8.1.5 of the Agreement, Supplier, dated as of July 15, 2020 (the “Agreement”).
ASSIGNMENT, ASSUMPTION AND NOVATION AGREEMENTAssignment, Assumption and Novation Agreement • August 5th, 2021 • Nabriva Therapeutics PLC • Pharmaceutical preparations • New York
This ASSIGNMENT, ASSUMPTION AND NOVATION AGREEMENT (this “Agreement”), dated as of May 13, 2021 (the “Effective Date”), is by and among Roivant Sciences Ltd. (“Roivant”), Roivant China Holdings Ltd. (“Roivant China”), Sinovant Sciences HK Limited (“Sinovant HK”), Sinovant Sciences Co., Ltd. (“Sinovant,” and together with Roivant, Roivant China and Sinovant HK, the “Assignors”), Sumitomo Pharmaceuticals (Suzhou) Co., Ltd. (“Assignee”), Sumitomo Dainippon Pharma Co., Ltd. (“Assignee Parent”), Nabriva Therapeutics Ireland Designated Activity Company (“Nabriva Ireland”), and Nabriva Therapeutics GmbH (“Nabriva Therapeutics,” and together with Nabriva Ireland, “Nabriva”). Each of Assignors, Assignee, Assignee Parent, Nabriva Ireland and Nabriva Therapeutics may be referred to herein as a “Party” and collectively, the “Parties” hereunder.
Certain identified information has been excluded from the exhibit because it is both (i) not material and (ii) is the type of information that the registrant treats as private or confidential. Double asterisks denote omissions. FIRST AMENDMENT TO...Sales Promotion and Distribution Agreement • August 5th, 2021 • Nabriva Therapeutics PLC • Pharmaceutical preparations • New Jersey
FIRST AMENDMENT TO SALES PROMOTION AND DISTRIBUTION AGREEMENT, dated as of the effective date set forth in Section 2.01 below (this “Amendment”), by and among NABRIVA THERAPEUTICS IRELAND DESIGNATED ACTIVITY COMPANY, an Irish designated activity company (“Distributor”), with its registered office at Alexandra House, Office 225/227, The Sweepstakes, Ballsbridge, Dublin 4, D04 C7H2, Ireland, MSD INTERNATIONAL GMBH, a Swiss corporation (“MSD”), with offices at Weystrasse, 20, 6006 Lucerne, Switzerland, and, solely for purposes of Sections 7.1 and 7.2 of the Agreement, MERCK SHARP & DOHME CORP., a New Jersey corporation (“Supplier”), with offices at 2000 Galloping Hill Road, Kenilworth, NJ 07033, USA.
Certain identified information has been excluded from the exhibit because it is both (i) not material and (ii) is the type of information that the registrant treats as private or confidential. Double asterisks denote omissions. FOURTH AMENDMENT TO...Loan and Security Agreement • August 5th, 2021 • Nabriva Therapeutics PLC • Pharmaceutical preparations
THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of June 2, 2021 (the “Fourth Amendment Effective Date”), is made among Nabriva Therapeutics Public Limited Company, a public limited company incorporated in Ireland under registration number 599588 and having its registered office at 25-28 North Wall Quay, IFSC, Dublin 1, Ireland (“Parent”), Nabriva Therapeutics Ireland Designated Activity Company, a designated activity company incorporated in Ireland under registration number 612454 and having its registered office at Alexandra House, Office 225/227, The Sweepstakes, Ballsbridge, Dublin 4, D04 C7H2, Republic of Ireland (“Nabriva Ireland”; together with Parent, individually and collectively, jointly and severally, the “Borrower”), Nabriva Therapeutics GmbH, a limited liability company (Gesellschaft mit beschränkter Haftung) incorporated under the laws of the Republic of Austria, having its seat in Vienna and its registered address at Leberstraße 20, 1110
