Commercial Supply Agreement Sample Contracts

EX-10.21 27 d636382dex1021.htm EX-10.21 [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES...
Commercial Supply Agreement • May 5th, 2020 • New York

This Supply Agreement (the “Supply Agreement”) captures the terms and conditions associated with the supply by Cedarburg (as defined below) of GMP Riboflavin 5’ Phosphate Sodium to Avedro, Inc. for commercial use. This Supply Agreement shall be considered a “Contract” under the Master Services Agreement (“MSA”) by and between Avedro, Inc. (“Avedro”) and Cedarburg Pharmaceuticals, Inc. (“Cedarburg”) dated 27 November 2012 and the terms and conditions of the MSA shall govern this Supply Agreement, provided that, notwithstanding Section 2(c) of the MSA, in the event of any conflict between this Supply Agreement and the MSA, Avedro and Cedarburg expressly intend that the terms of this Supply Agreement shall alter the terms of the MSA solely with respect to ,the commercial supply provided under this Supply Agreement.

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EX-10.19 20 a2232492zex-10_19.htm EX-10.19 Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omissions. COMMERCIAL SUPPLY AGREEMENT (Dry Eve Product and Surgical Product in...
Commercial Supply Agreement • May 5th, 2020 • New York

This Commercial Supply Agreement (“Agreement”) is made as of this 27th day of June, 2016 (“Effective Date”), by and between Kala Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 100 Beaver St., #201, Waltham, Massachusetts 02453, USA (“Client”), and Catalent Pharma Solutions, LLC, a Delaware limited liability company, with a place of business at 14 Schoolhouse Road, Somerset, New Jersey 08873, USA (“Catalent”).

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • September 16th, 2009 • Omeros Corp • Pharmaceutical preparations • Delaware

This Commercial Supply Agreement (this “Agreement”) is made as of the 9th day of October, 2007 (the “Effective Date”) by and between Omeros Corporation, a Washington corporation, having its principal offices at 1420 Fifth Avenue, Suite 2600, Seattle, Washington 98101 (“Omeros”), and Hospira Worldwide Inc., a Delaware corporation, having its principal offices at 275 North Field Drive, Lake Forest, Illinois 60045 (“Hospira”). Omeros and Hospira previously entered into a Master Development Agreement, dated May 8, 2007 (the “Development Agreement”), pertaining to the development of Omeros’ pharmaceutical drug product OMS103HP-S. Omeros and Hospira now desire to enter into an agreement for the commercial supply of OMS103HP-S by Hospira to Omeros. Therefore, in consideration of the mutual covenants and obligations set forth below, Omeros and Hospira (the “Parties” and each a “Party”) agree as follows:

Contract
Commercial Supply Agreement • November 16th, 2020 • Palatin Technologies Inc • Pharmaceutical preparations • New Jersey

Portions of this Exhibit have been redacted because they are both (i) not material and (ii) would be competitively harmful if publicly disclosed. Information that was omitted has been noted in this document with a placeholder identified by the mark “[***]”

Certain identified information has been omitted from this exhibit because it is both not material and would be competitively harmful if publicly disclosed.***
Commercial Supply Agreement • March 1st, 2021 • Allakos Inc. • Pharmaceutical preparations • New York

WHEREAS, Customer is engaged in the development, research and sale of certain products and requires assistance in the manufacture of Product;

EX-10.1 2 d238944dex101.htm COMMERICAL SUPPLY AGREEMENT Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A...
Commercial Supply Agreement • May 5th, 2020

This Commercial Supply Agreement (this “Agreement”), effective as of the 1ST day of DECEMBER 2010 (the “Effective Date”), is entered into by and between:

EX-10.1 2 d332838dex101.htm EX-10.1 [PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIALITY UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. THE CONFIDENTIAL PORTIONS OF THIS EXHIBIT THAT HAVE BEEN...
Commercial Supply Agreement • May 5th, 2020 • North Carolina

This Commercial Supply Agreement dated March 29, 2016 (this “Agreement”) between BioMimetic Therapeutics, LLC (“Sponsor”), a Delaware limited liability company, with offices 389 Nichol Mill Lane, Franklin, TN 37067 and FUJIFILM Diosynth Biotechnologies U.S.A., Inc., a Delaware corporation (“Fujifilm”), having its principal place of business at 101 J. Morris Commons Lane, Morrisville, NC 27560, (each a “Party”, collectively, the “Parties”).

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • September 10th, 2014 • Lifevantage Corp • Pharmaceutical preparations • Utah

THIS COMMERCIAL SUPPLY AGREEMENT (this “Agreement”) is made as of May 30, 2014 (the “Effective Date”) by and between LifeVantage Corporation, a Utah corporation having a place of business at 9785 South Monroe Street, Suite 300, Sandy, Utah 84070 (“Company”) and Wasatch Product Development, LLC, a Utah corporation having a place of business at 12248 S. Lone Peak Parkway, Suite 106, Draper, Utah 84020 (“Manufacturer”). Each of Company and Manufacturer is referred to as a “Party” and, collectively, “the Parties”.

Contract
Commercial Supply Agreement • May 5th, 2020 • New York

EX-10.1 2 catalentex101.htm EXHIBIT 10.1 Exhibit 10.1 [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. EXECUTION COPY AMENDED AND RESTATED COMMERCIAL SUPPLY AGREEMENT (Amantadine HCl extended release capsules) This Amended and Restated Commercial Supply Agreement (“Amended and Restated Agreement”) is effective as of February 16, 2017 (“Restatement Effective Date”), by and between Adamas Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 1900 Powell St., Suite 750, Emeryville, CA 94608 (“Client”), and Catalent Pharma Solutions, LLC, a Delaware limited liability company, with a place of business at 14 Schoolhouse Road, Somerset, New Jersey 08873, USA (“Catalent”). RECITALS A. Client is a specialty pharmaceutical company that develops and plans to market and sell pharmaceut

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • August 1st, 2017 • Lexicon Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware

This Commercial Supply Agreement (“Agreement”) is made as of this 6th day of June, 2016 (“Effective Date”), by and between Lexicon Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 8800 Technology Forest Place, The Woodlands, TX 77381 (“Client”), and Catalent CTS, LLC, a Delaware limited liability company, with a place of business at 10245 Hickman Mills Drive, Kansas City, MO 64137, USA (“Catalent”).

EX-10.23 3 acad-ex1023_533.htm EX-10.23 ***Text Omitted and Filed Separately with the Securities and Exchange Commission. Confidential Treatment Requested Under 17 C.F.R. Sections 200.80(b)(4) and 240.24b-2. FINAL COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • May 5th, 2020 • New York

This Commercial Supply Agreement is made as of this 22nd day of February, 2018 (the “Effective Date”), by and between ACADIA Pharmaceuticals Inc., a Delaware corporation, with a place of business at 3611 Valley Centre Drive, Suite 300, San Diego, California 92130 (“Client”), and Catalent Pharma Solutions, LLC, a Delaware limited liability company, having a place of business at 14 Schoolhouse Road, Somerset, New Jersey 08873, USA (“Catalent”).

COMMERCIAL SUPPLY AGREEMENT (Epanova™ Softgels)
Commercial Supply Agreement • April 1st, 2013 • Omthera Pharmaceuticals, Inc. • Pharmaceutical preparations • New Jersey

This Commercial Supply Agreement (“Agreement”) is made as of this 16th day of July, 2012 (“Effective Date”), by and between Omthera Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 707 State Road, Princeton, NJ, 08540 (“Client”), and Catalent Pharma Solutions GmbH, Riedstrasse 1, 6330 Cham, Switzerland (“Catalent”).

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • December 21st, 2018 • Amag Pharmaceuticals Inc. • Pharmaceutical preparations

This Commercial Supply Agreement (this "Agreement"), effective as of the 4th day of June, 2018 (the “Effective Date”), is entered into by and between:

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • November 10th, 2020 • Phathom Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

This Commercial Supply Agreement (this “Agreement”) is made effective as of April 30, 2020 (the “Effective Date”) by and between Takeda Pharmaceutical Company Limited, a company incorporated under the laws of Japan having its principal place of business at 1-1, Doshomachi 4-chome, Chuo-ku, Osaka 540-8645, Japan (“Takeda”) and Phathom Pharmaceuticals, Inc., a company incorporated under the laws of Delaware having its principal place of business at 2150 E. Lake Cook Road, Suite 800, Buffalo Grove, Illinois 60089, U.S.A. (“Company”). Takeda and Company are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 24th, 2021 • Horizon Therapeutics Public LTD Co • Pharmaceutical preparations • New Jersey

This Commercial Supply Agreement (this “Agreement”) is entered into as of October 16, 2008, (the “Effective Date”) by and between Enzon Pharmaceuticals, Inc., a Delaware corporation with an address of 685 Route 202-206, Bridgewater, New Jersey 08807 (“Enzon”), and Savient Pharmaceuticals, Inc., a Delaware corporation, having its principal place of business at One Tower Center, 14th Floor, East Brunswick, New Jersey 08816 (“Savient”). Enzon and Savient may be referred to individually as a “Party” or collectively as “Parties.”

Commercial Supply Agreement
Commercial Supply Agreement • June 14th, 2018 • Xeris Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Commercial Supply Agreement (“Agreement”) is made and entered into as of May 14, 2018 (“Effective Date”) by and between PYRAMID Laboratories Inc. (“PYRAMID”), a California Corporation, having its principal place of business at 3598 Cadillac Avenue, Costa Mesa, California 92626 and Xeris Pharmaceuticals, Inc. (“Client”), a Delaware corporation, having its principal place of business at 180 N. LaSalle Street, Suite 1800, Chicago, Illinois, 60601, collectively the “Parties” and individually a “Party”.

EX-10.1 2 d913483dex101.htm EX-10.1 [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. Fujifilm – Synageva Agreement...
Commercial Supply Agreement • May 5th, 2020 • Delaware

This Commercial Supply Agreement (this “Agreement”) dated January 28, 2015 (the “Effective Date”) between Synageva BioPharma Corp., a Delaware corporation (“Sponsor”), having its principal place of business at 33 Hayden Avenue, Lexington, Massachusetts 02421 and FUJIFILM Diosynth Biotechnologies U.S.A., Inc., a Delaware corporation (“Fujifilm”), having its principal place of business at 101 J. Morris Commons Lane, Morrisville, NC 27560, (each a “Party”, and together, the “Parties”).

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • March 10th, 2005 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Commercial Supply Agreement (this “Agreement”) is entered into and effective this 14th day of February, 2005 (the “Effective Date”) by and between Baxter Pharmaceutical Solutions LLC (“BAXTER”), a Delaware limited liability company having a place of business at 927 South Curry Pike, Bloomington, Indiana 47403, and Amylin Pharmaceuticals, Inc. (“AMYLIN”), a Delaware corporation having a principal place of business at 9360 Towne Centre Drive, Suite 110, San Diego, California 92121.

Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. COMMERCIAL SUPPLY AND PROCESS VALIDATION AGREEMENT
Commercial Supply Agreement • April 7th, 2003 • Transkaryotic Therapies Inc • Biological products, (no disgnostic substances) • Maryland

THIS COMMERCIAL SUPPLY AGREEMENT (the “Agreement”) is entered into as of this 6th day of December, 1999 by and between TRANSKARYOTIC THERAPIES, INC.,(“TKT”), a Delaware corporation having an address at 195 Albany Street, Cambridge, MA 02139, and CHESAPEAKE BIOLOGICAL LABORATORIES, INC., a Maryland corporation having an address at 1111 South Paca Street, Baltimore, MD 21230 (“CBL”), with respect to the following:

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • May 18th, 2023 • Alimera Sciences Inc • Pharmaceutical preparations

This COMMERCIAL SUPPLY AGREEMENT (this “Agreement”) is made as of May 17, 2023 (the “Effective Date”), by and between EyePoint Pharmaceuticals, Inc., a Delaware corporation with its principal place of business at 480 Pleasant Street, Suite C-400, Watertown, MA 02472 (“EyePoint”), and Alimera Sciences, Inc., a Delaware corporation with its principal place of business at 6310 Town Square, Suite 400, Alpharetta, GA 30005 (“Alimera”) (collectively, the “Parties” and each, a “Party”). Capitalized terms used, but not otherwise defined, in this Agreement have the meanings assigned to them in the Product Rights Agreement (as defined below).

THIRD AMENDMENT TO COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 7th, 2014 • Ironwood Pharmaceuticals Inc • Pharmaceutical preparations

This Third Amendment to Commercial Supply Agreement (this “Amendment”) is entered into this 26th day of November, 2013 (the “Effective Date”) by and between Corden Pharma Colorado, Inc. (“CPC”), a Delaware corporation and successor in interest to Roche Colorado Corporation, with principal offices at 2075 N. 55th Street, Boulder, Colorado 80301-2803, Ironwood Pharmaceuticals, Inc., with principal offices at 301 Binney Street, Cambridge, MA 02142, and Forest Laboratories, Inc., with principal offices at 909 Third Avenue, New York, NY 10022.

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Pursuant to 17 CFR 20.24b-2, confidential information has been omitted in places marked “***” and has been filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Application with the Commission. COMMERCIAL...
Commercial Supply Agreement • February 19th, 2016 • Heron Therapeutics, Inc. /De/ • Pharmaceutical preparations • New York

This Commercial Supply Agreement (this “Agreement”), effective as of the 8th day of December, 2015 (the “Effective Date”), is entered into by and between:

Contract
Commercial Supply Agreement • February 12th, 2021 • Seagen Inc. • Biological products, (no disgnostic substances)
FIRST AMENDMENT TO COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • November 9th, 2021 • Mannkind Corp • Pharmaceutical preparations

This amendment is effective the last date signed by a party, between MannKind Corporation, a Delaware corporation (“MannKind”), having a principal place of business at 30930 Russell Ranch Road, Suite 301, Westlake Village, California 91362, and United Therapeutics Corporation, a Delaware corporation (“United Therapeutics”), having a principal place of business at 1040 Spring Street, Silver Spring, Maryland 20910.

Commercial Supply Agreement for Pramlintide
Commercial Supply Agreement • August 8th, 2005 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations • California

This Agreement, effective as of June 21, 2005, is made by and among Amylin Pharmaceuticals, Inc. (“Amylin”) having a principal place of business at 9360 Towne Centre Drive, San Diego, CA 92121, and Bachem, Inc., a California corporation (“Bachem”), having a principal place of business at 3132 Kashiwa Street, Torrance, CA 90505. References to any of Amylin or Bachem includes reference to their respective Affiliates.

SECOND AMENDMENT TO COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 23rd, 2023 • Mannkind Corp • Pharmaceutical preparations

This amendment is effective the last date signed by a party, between MannKind Corporation, a Delaware corporation (“MannKind”), having a principal place of business at One Casper Street, Danbury, Connecticut 06810, and United Therapeutics Corporation, a Delaware public benefit corporation (“United Therapeutics”), having a principal place of business at 1040 Spring Street, Silver Spring, Maryland 20910.

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • August 5th, 2021 • Revance Therapeutics, Inc. • Pharmaceutical preparations • New York

This Commercial Supply Agreement (the “Agreement” or “Supply Agreement”) is entered into as of the last date of signature below (the “Effective Date”) by and between Revance Therapeutics, Inc., a corporation organized and existing under the laws of Delaware, having a place of business at 7555 Gateway Boulevard, Newark, CA 94560 (“Company”) and Lyophilization Services of New England, Inc., a corporation organized and existing under the laws of New Hampshire, having its principal place of business at 23 Commerce Drive, Bedford, NH 03110 (“Supplier”). Company and Supplier are referred to individually as a “Party” and collectively as the “Parties.”

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 28th, 2014 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations • New York

THIS COMMERCIAL SUPPLY AGREEMENT (this “Agreement”) is entered into and effective as of October 10, 2013 (the “Effective Date”) by and between VIVUS, Inc., a Delaware corporation with its principal place of business at 351 E. Evelyn Avenue, Mountain View, CA 94041 (“VIVUS”), and Auxilium Pharmaceuticals, Inc., a Delaware corporation having its principal place of business at 640 Lee Road, Chesterbrook, PA 19087 (“Purchaser”). VIVUS and Purchaser are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

SECOND AMENDMENT TO THE COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 22nd, 2012 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Second Amendment to the Commercial Supply Agreement dated February 14, 2005 (this “Second Amendment”), is effective as of January 1, 2012 (the “Second Amendment Effective Date”) by and between Baxter Pharmaceutical Solutions LLC (“BAXTER”), a Delaware limited liability company having a place of business at 927 S. Curry Pike, Bloomington, IN 47403 and Amylin Pharmaceuticals, Inc., (“AMYLIN”) a Delaware corporation having its principal place of business at 9360 Towne Centre Drive, San Diego, California 92121.

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • March 10th, 2005 • Advancis Pharmaceutical Corp • Pharmaceutical preparations • New York

THIS COMMERCIAL SUPPLY AGREEMENT (this “Agreement”) is made as of December 3, 2004 (the “Effective Date”), by and between ADVANCIS PHARMACEUTICAL CORPORATION, a Delaware corporation (“Advancis”), and CEPH INTERNATIONAL CORPORATION, a Commonwealth of Puerto Rico corporation (“CEPH”).

EXECUTION COPY COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 10th, 2017 • Mast Therapeutics, Inc. • Pharmaceutical preparations

This COMMERCIAL SUPPLY AGREEMENT (“Agreement”), dated as of 24 April 2015 (“Effective Date”), is made between PARI Pharma GmbH, a German corporation, with a principal place of business at Moosstrasse 3, D-82319 Starnberg, Germany (“PARI”), and Serendex, Pharmaceuticals A/S, Slotsmarken 17, 2.tv., DK-2970 Horsholm, Denmark (“Serendex”). PARI and Serendex are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

SERVICES) AGREEMENT
Commercial Supply Agreement • March 1st, 2017 • Portola Pharmaceuticals Inc • Pharmaceutical preparations • New York

[*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.

AMENDMENT TWO TO COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • March 15th, 2019 • Lexicon Pharmaceuticals, Inc. • Pharmaceutical preparations

This AMENDMENT TWO (“Amendment 2”) is made and entered into as of April 27, 2018 (“Amendment 2 Effective Date”), by and between Lexicon Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 8800 Technology Forest Place, The Woodlands, Texas 77381 (“Client”), and Catalent CTS, LLC, a Delaware limited liability company with a place of business at 10245 Hickman Mills Drive, Kansas City, Missouri 64137 (“Catalent”).

AMENDMENT NO. 2
Commercial Supply Agreement • July 27th, 2015 • Amag Pharmaceuticals Inc. • Pharmaceutical preparations

This Amendment No. 2 (“Amendment”), effective as of March 31, 2015 (the “Effective Date”), entered into by and between (i) AMAG Pharmaceuticals, Inc. (“AMAG” or the “Company”) and (ii) Sigma-Aldrich, Inc. (“SAFC”), amends that certain Commercial Supply Agreement between AMAG and SAFC dated August 29, 2012 (the “Commercial Supply Agreement”), as amended October 3, 2013 (“Amendment No. 1”), and collectively with the Commercial Supply Agreement, the “Agreement”). Capitalized terms used but not defined in this Amendment will have the meanings given them in the Agreement.

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