LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT BY AND BETWEEN AMYLIN PHARMACEUTICALS, INC. AND TAKEDA PHARMACEUTICAL COMPANY LIMITED DATED: OCTOBER 30, 2009License, Development and Commercialization Agreement • February 26th, 2010 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations • New York
The Co-Commercialization Agreement shall include the following terms and conditions, unless otherwise mutually agreed by the Parties, in addition to such terms and conditions as are customarily contained in similar agreements in the pharmaceutical industry and such other terms and conditions as the Parties may agree upon:
AMYLIN LETTERHEAD]Amylin Pharmaceuticals Inc • February 26th, 2010 • Pharmaceutical preparations
This letter (the “Letter”) will confirm the understanding of Takeda and Amylin regarding certain matters relating to the Agreement. Capitalized terms used but not otherwise defined in this Letter shall have the meanings provided in the Agreement. Takeda and Amylin, intending to be legally bound, hereby agree as follows:
THIRD AMENDMENTThird Amendment • February 26th, 2010 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations • New York
THIS THIRD AMENDMENT, dated as of December 18, 2009 (this “Amendment”), among AMYLIN PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), each of the Company’s subsidiaries listed on the signature pages hereto (collectively, together with the Company, the “Borrowers” and each a “Borrower”), the Lenders (as defined below) party hereto, and BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent and L/C Issuer (in such capacity, the “Administrative Agent”) for the Lenders.
AMYLIN PHARMACEUTICALS, INC. 2003 NON-EMPLOYEE DIRECTORS’ STOCK OPTION PLAN STOCK OPTION AGREEMENT (NONSTATUTORY STOCK OPTION)Option Plan Stock Option Agreement • February 26th, 2010 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations
Pursuant to your Stock Option Grant Notice (“Grant Notice”) and this Stock Option Agreement, Amylin Pharmaceuticals, Inc. (the “Company”) has granted you an option pursuant to the Company’s 2003 Non-Employee Directors’ Stock Option Plan (the “Plan”) to purchase the number of shares of the Company’s Common Stock indicated in your Grant Notice at the exercise price indicated in your Grant Notice. Options granted under the Plan are issued under the Company’s 2009 Equity Incentive Plan or any successor equity incentive plan thereto (the “Incentive Plan”), and any shares of the Company’s Common Stock issued upon exercise of your option will be issued out of shares reserved for issuance under the Incentive Plan. Defined terms not explicitly defined in this Stock Option Agreement but defined in the Incentive Plan shall have the same definitions as in the Incentive Plan except to the extent otherwise defined in the Plan.
