Form 8-K for DISCOVERY LABORATORIES INC /DE/
29-Dec-2010
Entry into a Material Definitive Agreement, Financial Statements
Item 1.01. Entry into a Material Definitive Agreement.
On December 22, 2010, Discovery Laboratories, Inc. (the "Company") and Genzyme Pharmaceuticals LLC ("Genzyme") entered into a Supply Agreement (the "Supply Agreement"). Pursuant to the Supply Agreement, Genzyme will provide the Company with Palmitoyl-oleyl phosphatidylglycerol (POPG) Na LP-04-180, a necessary ingredient (the "Material") essential to produce Discovery's synthetic, peptide-containing pulmonary surfactant (lucinactant) in liquid, lyophilized or other dosage forms and including, without limitation, the branded drug product candidates SurfaxinR, Surfaxin LST, and AerosurfR. The Supply Agreement contains the general ordering and commercial supply terms and conditions, as well as the specific economic terms for purchase of the Material, including price and delivery terms. Subject to earlier termination for various matters, including material breach, the initial term of the Agreement is five years, and shall be renewed by the parties automatically for successive two-year periods unless terminated by either party by written notice not later than 16 months prior to expiration of the initial term or any renewal period.
The above summary of the Supply Agreement is qualified in its entirety by reference to the Supply Agreement, which is filed as Exhibit 10.1 hereto and is incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits:
Supply Agreement dated December 22, 2010 between
10.1 Discovery Laboratories, Inc, and Genzyme Pharmaceuticals
LLC .1
1 Exhibit 10.1 has been filed in its redacted form. The Company has requested confidential treatment with respect to certain portions of Exhibit 10.1 and has filed the un-redacted portions of the attached exhibit separately with the Securities and Exchange Commission.
