EX-10.26
Published on February 3, 2011
Exhibit 10.26
2000 GALLOPING HILL ROAD
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KENILWORTH, N.J. 07033 |
TELEPHONE: (908) 298-4000
June 29, 2010
Steven D. Rubin
Executive Vice President
OPKO Health, Inc.
4400 Biscayne Boulevard
Miami, Florida 33137
Executive Vice President
OPKO Health, Inc.
4400 Biscayne Boulevard
Miami, Florida 33137
RE: The October 12, 2009 Asset Purchase Agreement between Schering Corporation (Schering) and OPKO Health, Inc. (OPKO) (the Agreement) |
Dear Mr. Rubin:
This letter confirms our understanding with respect to the schedule for the payment of the
Twenty-Five Million Dollars ($25,000,000) that may become due and payable under Paragraph 2.7.2(b)
of the Agreement. The schedule for payments made under Section 2.7.2(b) of the Agreement shall be
as follows:
(i) Five Million Dollars ($5,000,000) upon NDA approval for an NK-1 Compound, and
(ii) Five Million Dollars ($5,000,000) each year thereafter for the next four (4) years on
the anniversary date of such NDA approval.
Please acknowledge your understanding of the payment schedule for Paragraph 2.7.2(b) by having
this letter, and the enclosed duplicate copy, signed on behalf of OPKO where indicated and return
one fully signed version to your legal contact for Schering.
Very truly yours. |
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Bruce N. Kuhlik Executive Vice President and General Counsel |
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ACKNOWLEDGED:
OPKO HEALTH, INC.
By: |
/s/ Steven D. Rubin |
Approved for Signature OPKO Legal Dept. |
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Title:
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EVP | By: | /s/ Kate Inman
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Date:
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7-7-2010 | Date: | 7/7/2010 |