EX-10.64 3 dex1064.htm LETTER AMENDMENT DATED APRIL 25, 2005 Letter Amendment dated April 25, 2005

Exhibit 10.64

 

LOGO

 

April 25, 2005

 

BioDelivery Sciences International, Inc.

2501 Aerial Center Parkway, Suite 205

Morrisville, North Carolina 27560

 

Gentlemen:

 

Reference is made to that certain License Agreement, dated effective as of April 12, 2004 (as amended by the agreements referred to below, the “License Agreement”), by and between BioDelivery Sciences International, Inc. (“BDSI”) and Accentia Biopharmaceuticals, Inc. f/k/a Accentia, Inc. (“Accentia”), as amended and modified by: (i) an Amendment to the License Agreement, dated effective June 1, 2004, (ii) an Asset Purchase Agreement, dated September 8, 2004, and (iii) a letter amendment to the License Agreement, dated March 28, 2005, each by and between BDSI and Accentia. All capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the License Agreement. Pursuant to Section 10.8 of the License Agreement, BDSI and Accentia desire to, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and hereby do, amend the License Agreement as follows:

 

1. Section 9.1 of the License Agreement is deleted in its entirety and replaced with the following:

 

“9.1 BDSI Supply Requirements. BDSI shall provide, at ACCENTIA’s sole cost and expense, all quantities of phospholipids ACCENTIA needs to develop and/or identify Licensed Products for ACCENTIA’s preclinical and clinical studies and for any other purpose hereunder. ACCENTIA shall identify the amounts of phospholipids needed. Provision of phospholipids shall be accompanied by applicable quantity and quality information necessary to permit use of such Licensed Product in animal or human testing. If necessary, based on the stage of development, BDSI shall produce at ACCENTIA’s sole cost and expense, Licensed Product in accordance with regulatory requirements to permit use of such Licensed Products in such pre-clinical or clinical testing or other purpose.”

 

2. Except as modified hereby, the License Agreement shall remain unmodified, unchanged and in full force and effect. Upon execution of this letter agreement by both BDSI and Accentia, this letter agreement shall become a binding amendment to the License Agreement.

 

Sincerely,
ACCENTIA BIOPHARMACEUTICALS, INC.

/s/ Martin Baum


By: Martin Baum, President and Chief Operating Officer of

Commercial Operations and Business Development

 

Accepted and Agreed to:

 

BIODELIVERY SCIENCES INTERNATIONAL, INC.

 

/s/ Raphael Mannino


By: Raphael Mannino, EVP and CSO

 

324 Hyde Park Avenue, Suite 350, Tampa FL 33606

PH: (813) 864-2562 FAX: (813) 288-8757