Monday, January 06, 2020 2:31:20 PM
NW Bio Announces Settlement with Cognate BioServices Resolving Past Matters and Providing for Restart of DCVax®-Direct Production
28 May, 2019
https://nwbio.com/nw-bio-announces-settlement-with-cognate-bioservices-resolving-past-matters-and-providing-for-restart-of-dcvax-direct-production/
In connection with the overall settlement, all past obligations of both Cognate and NW Bio were settled and all claims of both Cognate and NW Bio were released.
Linda Powers, CEO of NW Bio, observed, “We are happy to have resolved the past contractual issues and reached agreement on terms for a new manufacturing relationship with Cognate, putting us both in a position to move forward with a clean slate. We believe this is good for NW Bio and Cognate, good for our patients, and good for our shareholders. We greatly appreciate Cognate’s belief in NW Bio and its DCVax technology, and we look forward to a strengthened and reinvigorated partnership with Cognate as we move forward on our exciting programs.”
Or is this the source?
From the latest 10-Q November 12, 2019 https://sec.report/Document/0001104659-19-062726/
(6) We have possible contingent obligations to pay certain fees to Cognate BioServices (in addition to any other remedies) if we shut down or suspend its DCVax-L program or DCVax-Direct program. These obligations are not reflected in the accompanying balance sheets.
For a shut down or suspension of the DCVax-Direct program,at Cognate the Company must give 3 months’ advance notice.
For a shut down or suspension of the DCVax-L program at Cognate, the fees will be as follows:
· Prior to the last dose of the last patient enrolled in the Phase III trial for DCVax®-L or After the last dose of the last patient enrolled in the Phase III clinical trial for DCVax®-L but before any submission for product approval in any jurisdiction or after the submission of any application for market authorization but prior to receiving a marketing authorization approval: in any of these cases, the fee shall be $3 million.
· At any time after receiving product approval for DCVax®-L in any jurisdiction, the fee shall be $5 million.
For a shut down or suspension of the DCVax-L program at Advent, the Company must give 12 months’ advance notice.
As of September 30, 2019, no shut-down or suspension fees were triggered.
While our DCVax programs are ongoing, under our agreements with Cognate we are required to pay certain fees for dedicated production suites or capacity reserved exclusively for DCVax production, and pay for a certain minimum number of patients, whether or not we fully utilize the dedicated capacity and number of patients. The same is the case under our agreement with Advent. As previously reported, we recently settled certain disputed amounts that had been invoiced to us by Cognate.
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