Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. AMENDMENT NO. 3 TO AMENDED AND RESTATED DISTRIBUTION AGREEMENTDistribution Agreement • November 9th, 2009 • Medicines Co /De • Pharmaceutical preparations
This is Amendment No. 3 (this “Amendment”) to the Amended and Restated Distribution Agreement, effective as of February 28, 2007, between The Medicines Company, a Delaware corporation with offices at 8 Campus Drive, Parsippany, NJ 07054 (“TMC”), and Integrated Commercialization Solutions, Inc., a California corporation with offices at 3101 Gaylord Parkway, Frisco, TX 75034 (the “Distributor”). This Amendment is effective as of August 12, 2009 (the “Effective Date”).
October 1, 2009 Via Hand Delivery Mr. John P. Kelley 14 Green Hill Road Chester, New Jersey 07930 Dear John:Medicines Co /De • November 9th, 2009 • Pharmaceutical preparations • New Jersey
This is to confirm the termination of your employment with The Medicines Company (the “Company”) effective December 31, 2009 (the “Termination Date”) in accordance with Paragraph 2 of the letter agreement (also known as the “Severance and Change of Control Agreement”) dated November 11, 2008 between you and the Company. This letter agreement sets forth the terms of the termination of your employment and the benefits the Company will provide to you upon the cessation of your employment if you sign and return this letter agreement to the Company by October 22, 2009 (21 days from the date of delivery) and do not thereafter timely revoke your agreement.
