0000950123-16-022803 Sample Contracts

LICENSE AGREEMENT by and between HANMI PHARMACEUTICAL LTD. and KINEX PHARMACEUTICALS, LLC ORASCOVERY PROGRAM
License Agreement • December 16th, 2016 • Athenex, Inc. • Pharmaceutical preparations • New York

THIS LICENSE AGREEMENT (this “Agreement”) is made and entered into as of December 16, 2011 (“Effective Date”), by and between KINEX PHARMACEUTICALS, LLC, a limited liability company organized and existing under the laws of the State of New York and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, United States (“Kinex”) and HANMI PHARMACEUTICAL LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 45 Hanmi Tower, BangYee-Dong SongPa-Gu, Seoul, 138-724 South Korea (“Hanmi”).

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LICENSE AGREEMENT by and between HANMI PHARMACEUTICAL CO., LTD. and KINEX THERAPEUTICS (HK) LIMITED and KINEX PHARMACEUTICALS, INC. (as guarantor) ON ORASCOVERY PROGRAM MAINLAND CHINA TERRITORY
Amendment Agreement • December 16th, 2016 • Athenex, Inc. • Pharmaceutical preparations • New York

THIS LICENSE AGREEMENT (this “Agreement”) is made and entered into as of June 28, 2013 (“Effective Date”), by and among KINEX THERAPEUTICS (HK) LIMITED, a corporation organized and existing under the laws of Hong Kong and having its principal office at 11/F, AXA Centre, 151 Gloucester Road, Hong Kong (“Kinex”), HANMI PHARMACEUTICAL CO., LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 14,Wiryeseong-daero,Songpa-gu, Seoul, 138-724 South Korea (“Hanmi”) and KINEX PHARMACEUTICALS, INC., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, United States, previously known as Kinex Pharmaceuticals, LLC (“Kinex US”).

SECOND AMENDMENT TO LICENSE AGREEMENT
License Agreement • December 16th, 2016 • Athenex, Inc. • Pharmaceutical preparations

THIS SECOND AMENDMENT TO LICENSE AGREEMENT (this “Second Amendment”) is made and entered into as of October 21, 2013 (“Effective Date”), by and between KINEX PHARMACEUTICALS, INC. (formerly Kinex Pharmaceuticals, LLC), a corporation organized and existing under the laws of the State of Delaware and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, United States (“Kinex”) and HANMI PHARMACEUTICAL LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 14, Wiryeseong-daero, Songpa-gu, Seoul, 138-724 South Korea (“Hanmi”).

BINDING TERM SHEET FOR LICENSE dated August 26, 2016 by and between ATHENEX PHARMACEUTICAL DIVISION, LLC (“Athenex”) and GLAND PHARMA LIMITED (“Gland”) (together, the “Parties”, and each a “Party”)
Athenex, Inc. • December 16th, 2016 • Pharmaceutical preparations

Product License: Gland is the manufacturer of the Products identified on Schedule A (Products, each a Product). Gland licenses Athenex to distribute the Products in North America (Territory).

JOINT VENTURE AGREEMENT
Joint Venture Agreement • December 16th, 2016 • Athenex, Inc. • Pharmaceutical preparations • New Jersey

THIS AGREEMENT (the “Agreement) is made as of the 22nd day of September, 2016, by and between SunGen Pharma LLC (“SunGen” DBA “Peterson Pharmaceutical”), a New Jersey limited liability company, with its principal office and place of business at 303C College Road East, Princeton, NJ 08540 (“SunGen”), and Athenex Pharmaceutical Division which is a division of Athenex, Inc., a Delaware corporation, with its principal office and place of business at Conventus Building, 1001 Main Street, Suite 600, Buffalo, NY 14203 (“Athenex”) (each a “Party”, and collectively, the “Parties”).

LICENSE AGREEMENT by and between KINEX PHARMACEUTICALS, LLC and GUANGZHOU XIANGXUE NEW DRUG DISCOVERY AND DEVELOPMENT COMPANY LIMITED May 6th, 2012
License Agreement • December 16th, 2016 • Athenex, Inc. • Pharmaceutical preparations • New York

THIS LICENSE AGREEMENT (this “Agreement”) is made as of May 6th, 2012, by and between KINEX PHARMACEUTICALS, LLC, a limited liability company organized and existing under the laws of the State of Delaware USA and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, USA (“Kinex”) and GUANGZHOU XIANGXUE NEW DRUG DISCOVERY AND DEVELOPMENT COMPANY LIMITED, a Chinese company existing under the laws of China and having its principal office at 2 Jinfengyuan Road, Guangzhou, CHINA 510663 (“XPH”).

LICENSE AGREEMENT by and between KINEX PHARMACEUTICALS, LLC and PHARMAESSENTIA CORP
License Agreement • December 16th, 2016 • Athenex, Inc. • Pharmaceutical preparations • New York

THIS LICENSE AGREEMENT (this “Agreement”) is made as of 8th December, 2011 (“Effective Date”), by and between KINEX PHARMACEUTICALS, LLC, a limited liability company organized and existing under the laws of the State of New York and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, USA (“Kinex”) and PHARMAESSENTIA CORP, a privately-held company existing under the laws of the Taiwan and having its principal office at 13F, No. 3 YuanQu Street, Nankang District, Taipei 115, TAIWAN (“PharmaEssentia”).

FIRST AMENDMENT TO LICENSE AGREEMENT
License Agreement • December 16th, 2016 • Athenex, Inc. • Pharmaceutical preparations

THIS FIRST AMENDMENT TO LICENSE AGREEMENT (this “First Amendment”) is made and entered into as of November 9, 2012 (“Effective Date”), by and between KINEX PHARMACEUTICALS, LLC, a limited liability company organized and existing under the laws of the State of New York and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, United States (“Kinex”) and HANMI PHARMACEUTICAL CO., LTD., a publicly traded company existing under the laws of Republic of Korea and having its principal office at 14, Wiryeseong-daero, Songpa-gu, Seoul, 138-724, Republic of Korea (“Hanmi”).

BINDING TERM SHEET FOR LICENSE dated August 1, 2016 by and between ATHENEX PHARMACEUTICAL DIVISION, LLC (“Athenex”) and GLAND PHARMA LIMITED (“Gland”) Definitions
Athenex, Inc. • December 16th, 2016 • Pharmaceutical preparations

Product License: Gland is the manufacturer of the Products identified on Schedule A (Products). Gland licenses Athenex to distribute the Product in North America (Territory).

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