Wednesday, September 28, 2016 9:16:46 PM
https://www.sec.gov/Archives/edgar/data/1403708/999999999716025950/filename1.pdf
As stated in the CTO filing on 09/23/2016, it refers specifically to Exhibit 10.3 noted in the 10Q filed on 08/15/2016. In researching this, exhibit 10.3 refers to a Master Supply Agreement filed back on May 19, 2016. Here is the gist of that filing...
This Supply Agreement (this "Agreement”), dated as of May 11, 2016 (“Effective Date”), is entered into by and between Cosma S.p.A., an active pharmaceutical ingredient manufacture corporation having a place of business at via B. Colleaoni 15/17, 24040 Ciserano, Italy (“Seller”), and Evoke Pharma, Inc., having a place of business at 505 Lomas Santa Fe Drive, Suite 270, San Diego, CA 92075 (“Buyer”). Seller and Buyer may each be referred to herein as a “Party” or, together, as the “Parties”.
Link: https://www.lawinsider.com/contracts/4KTsczceGhXcwICmMaCtoB/evoke-pharma-inc/1403708/2016-08-15 (Just click outside the register box to read this article - then scroll to the bottom)
Now, the CTO is highlighted here....at the top of this supply agreement, it reads...
CERTAIN MATERIAL (INDICATED BY AN ASTERISK) HAS BEEN OMITTED FROM THIS DOCUMENT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
The asterisk they mention (I believe) is related to the cost of:
Product(s): Metoclopramide Hydrochloride Monohydrate USP
1.Product will be sold by Seller to Buyer at a cost of $[***] during the Initial Term of the Agreement.
To sum up the CTO, it appears that they have concealed the cost associated with this product. I am up for anyone wanting to fact-check this. This conclusion is only my opinion, based on my own due diligence.
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