1.
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Section A(1) of the Agreement, entitled “Term of Agreement,” is hereby amended by deleting the last two sentences of the paragraph and replacing them with the following:
“The Parties hereto agree to extend the Agreement for an additional [***] period such that Agreement shall continue until [***]. The Agreement may be renewed for an additional [***] term upon the mutual consent of the Parties. Each Party agrees to notify the other of its intention to renew or not to renew the Agreement no less than [***] prior to the expiration of the term of this Agreement.”
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2.
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Section A(2) of the Agreement, entitled “Prices and Volumes” is hereby amended by adding the following: [***]
1 ADMA must offer all of its available Plasma produced at the ADMA BioCenter located at 6290 Jimmy Carter Boulevard, Suite 208, Norcross, Georgia, [***], during each year for the term of the Agreement to BPC for purchase. BPC must notify ADMA no later than thirty (30) calendar days after receipt of such notice, whether it wishes to purchase such [***]. ADMA and BPC may mutually agree from time to time to increase the minimum purchase volume quantity to adjust for increased Normal Source Plasma collections during the term and extensions of this agreement. If BPC fails to respond or specifically responds in the negative, ADMA may then offer and sell its [***] to any other party.
2Both ADMA and BPC agree that at such time that ADMA notifies BPC of the execution of a lease for a second plasma facility (“Second ADMA Center”), BPC shall have the option to purchase Plasma which amount shall not be less than [***] annually, pursuant to the terms and conditions of the Agreement, provided the Plasma meets BPC’s specifications and is [***]. BPC will, within [***] from receipt of notification by ADMA of the execution of a lease for Second ADMA Center, inform ADMA of its desired minimum purchase quantity of Plasma from this Second ADMA Center (“Proposal”). If BPC fails to provide ADMA with a Proposal within [***] from receipt of notice, ADMA shall have the right, in its sole discretion, to sell such future rights to purchase the plasma to any third party on any terms it deems to be in its best interest.
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3.
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Section A(2)(b) of the Agreement, is hereby deleted and replaced with the following:
“Beginning in [***], the pricing for Plasma will be the price per liter in effect as of [***].”
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ADMA Biologics, Inc.
By: /s/ Adam Grossman
Name: Adam Grossman
Title: President and Chief Executive Officer
Date: February 25, 2014
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Biotest Pharmaceuticals Corporation
By: /s/ Jordan Siegel
Name: Jordan Siegel
Title: Chief Executive Officer
Date: February 25, 2014
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