AMENDMENT NO. 1 to the July 1, 2016 Supply Agreement
Exhibit 10.6
CERTAIN INFORMATION CONTAINED IN THIS EXHIBIT, MARKED BY [***], HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE THE REGISTRANT HAS DETERMINED THAT IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL
AMENDMENT NO. 1
to the July 1, 2016 Supply Agreement
THIS AMENDMENT (this “Amendment No. 1”), effective as of June 30, 2021, to the July 1, 2016 Supply Agreement (the “Agreement”) by and between Evonik Corporation, an Alabama Corporation, with a principal place of business at 000 Xxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000 and a facility at 000 Xxxxxxxxx Xxxxxxx, Xxxxxxxxxx, Xxxxxxx 00000 (“Supplier”), and Flexion Therapeutics, Inc., a Delaware corporation with its principal place of business at 00 Xxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxxxxxxx 00000 (hereinafter referred to as “Purchaser”).
WHEREAS, Supplier and Purchaser entered into the Agreement dated as of July 1, 2016; and
WHEREAS, Supplier and Purchaser hereto wish to amend the Agreement in accordance with Section 12 of the Agreement and agree upon certain additional terms set forth in this Amendment No. 1.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
“3.1 During the Term, Purchaser agrees that, subject to Section 3.2, Purchaser shall order from Supplier [...***...]% of its Total Commercial Volume Requirements from Supplier, and agrees to purchase [...***...] for each Contract Year starting on or after July 1, 2021.”
“9.1 This Agreement shall commence on the Effective Date and shall continue for eight years until June 30, 2024 (the “Term”). Each July 1 to June 30 of every year of the Agreement shall be considered a Contract Year. In the final Contract Year of the Term, Purchaser agrees to purchase [...***...] for that final year and [...***...].”
***Certain Confidential Information Omitted
1
Each and every other term, condition, covenant, representation, warranty and provision set forth in the Agreement shall remain in full force and effect in accordance with the terms of the Agreement. From and after the date hereof, all references in the Agreement to the “Agreement” shall be deemed to mean the Agreement as amended by this Amendment No. 1.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date first set out above.
Evonik Corporation
By: /s/ Xxxxxx X. Milde Name: Xxxxxx X. Milde Title: VP, Sales & Services Date: May 4th, 2021 |
Flexion Therapeutics, Inc.
By: /s/ Xxxxxxx Xxxxxxx, MD Name: Xxxxxxx Xxxxxxx, MD Title: CEO Date: May 4, 2021 |
***Certain Confidential Information Omitted
2
EXHIBIT A
Product:
[...***...]
Pricing of all Product:
[...***...]
***Certain Confidential Information Omitted
3