CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS BOTH (i) NOT MATERIAL AND (ii) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSEDLetter Agreement for Supply of Api • June 8th, 2020 • Brickell Biotech, Inc. • Biological products, (no disgnostic substances)
As you know, Brickell Biotech, Inc. (“Brickell") ordered and Kaken Pharmaceutical Co., Ltd. (“Kaken”) manufactured for and delivered to Brickell [***] of API pursuant to the Clinical Supply Agreement entered into between Brickell and Kaken dated as of July 30, 2019 (“CSA”). However, Brickell has not yet paid Kaken for this API and, as of March 31, 2020 , Brickell owes Kaken a total of [***], consisting of [***] as the Price (as defined in the CSA) for the API, [***] as interest on the overdue payment of the Price for such API calculated at an annual rate of [***] in accordance with the CSA and [***] as storage charges for such API. Interest on all amounts due is continuing to accrue in accordance with the CSA and will continue to accrue in accordance with the CSA at an appropriately proportionate amount based on the Price for the API that remains unpaid and storage charges are continuing to accrue at the rate of [***] and will continue to accrue until Brickell takes delivery of all of
