re: Ann: Unilife and sanofi-aventis Agree Exc...
For those who have concerns about sanofi just packing up their bags and going somewhere else.
A deal is a deal and if broken – it hits the courts. $$$$M compensation
From SEC website
The following paragraph was taken from Exhibit 10.3 (Industrialization Agreement Articles 5.1 and 5.2) of the Unilife 10-12B SEC filing in November 2009. ARTICLE 5 — SUPPLY 5.1 Subject to the full completion of the Industrialisation of the Product, the Parties will negotiate a supply agreement for the manufacture and purchase of the Final Product on a commercial scale (“Supply Agreement”).
5.2 The Supply Agreement will, in addition to all usual matters for such agreements, cover the following matters: 5.2.1 reflect the relevant terms of the Exclusive Agreement;
5.2.2 provide for SWIND and its Affiliates to exclusively purchase, subject only to UNILIFE being able to meet demand, all ready-to-fill glass syringe products with an integrated retraction mechanism for the RTFS Market from UNILIFE for the entire period UNILIFE is required to provide the Final Product exclusively to SWIND or its Affiliates;
5.2.3 provide for the pricing of units of the Final Product in accordance with Article 5.4;
5.3.4 provide for the placing of orders for the Final Product by SWIND and its Affiliates (including the process for placing orders, making payments and any times by which any specified orders must be placed); and
5.2.5 subject to the prior written agreement of UNILIFE and under conditions to be discussed and agreed upon in good faith between the Parties, provide that SWIND may be able to appoint additional or alternative suppliers of the Final Product The following was taken from Exhibit 10.2 (Exclusive Agreement) of the same SEC filing:
Article 3 It is foreseen that the implementation of the intended collaboration between the Parties should require the Parties to enter into two successive agreements in relation to the Products: the Industrialisation Agreement, and under the condition precedent of, in particular, the successful completion of the Industrialisation Agreement, a Supply Agreement.
UNS Price at posting:
34.5¢ Sentiment: Buy Disclosure: Held
