Attached files

file filename
EXCEL - IDEA: XBRL DOCUMENT - ENZON PHARMACEUTICALS, INC.Financial_Report.xls
EX-32.1 - EXHIBIT 32.1 - ENZON PHARMACEUTICALS, INC.v324822_ex32-1.htm
EX-10.5 - EXHIBIT 10.5 - ENZON PHARMACEUTICALS, INC.v324822_ex10-5.htm
EX-10.1 - EXHIBIT 10.1 - ENZON PHARMACEUTICALS, INC.v324822_ex10-1.htm
EX-31.1 - EXHIBIT 31.1 - ENZON PHARMACEUTICALS, INC.v324822_ex31-1.htm
EX-32.2 - EXHIBIT 32.2 - ENZON PHARMACEUTICALS, INC.v324822_ex32-2.htm
EX-10.4 - EXHIBIT 10.4 - ENZON PHARMACEUTICALS, INC.v324822_ex10-4.htm
EX-10.2 - EXHIBIT 10.2 - ENZON PHARMACEUTICALS, INC.v324822_ex10-2.htm
EX-31.2 - EXHIBIT 31.2 - ENZON PHARMACEUTICALS, INC.v324822_ex31-2.htm
EX-10.6 - EXHIBIT 10.6 - ENZON PHARMACEUTICALS, INC.v324822_ex10-6.htm
10-Q - FORM 10-Q - ENZON PHARMACEUTICALS, INC.v324822_10q.htm

 

Exhibit 10.3

 

AMENDMENT NO. 2

 

AMENDMENT TO
LICENSE AND COLLABORATION AGREEMENT

 

THIS AMENDMENT TO LICENSE AND COLLABORATION AGREEMENT (this “Amendment”), is entered into this 25th day of June 2007 (the “Effective Date”) by and between Santaris Pharma A/S, a Danish corporation having its principal place of business at Hørsholm, Denmark (“Santaris”), and Enzon Pharmaceuticals, Inc., a Delaware corporation having its principal place of business at Bridgewater, New Jersey 08807 (“Enzon”). Santaris and Enzon may be referred to herein individually as a “Party” or collectively, as the “Parties”.

 

BACKGROUND

 

WHEREAS, Enzon and Santaris entered into the License and Collaboration Agreement dated July 26, 2006 (the “Agreement”); and

 

WHEREAS, Enzon and Santaris desire to amend and restate certain provisions of the Agreement.

 

NOW, THEREFORE, in consideration of the covenants and obligations expressed herein and intending to be legally bound, and otherwise bound by proper and reasonable conduct, the Parties agree as follows:

 

1. Capitalized terms used herein and not otherwise defined shall have the meanings given to them in the Agreement.

 

2. The table in Section 6.1(a) of the Agreement is hereby amended and restated in its entirety as follows:

 

 

Development Milestone

 

Time to Achieve

 

Determination to: (i) select an Accepted LNA Compound for Development (i.e., designation of a Selected LNA Compound) and (ii) commence pre-clinical toxicology study therefor (other than for SPC2968 or SPC3042)

 

18 months after delivery (or such longer period of time as extended pursuant to Section 5.5) by Santaris of the Accepted LNA Compound

 

Filing of an IND in the Enzon Territory for the first Product for each Enzon Target

 

(a) December 31, 2006 in respect of SPC2968;

 

(b) 24 months after the Effective Date in respect of SPC3042; and

 

(c) in respect of other Selected LNA Compounds, 18 months after designation by Enzon as a Selected LNA Compound against each Additional Target

 

 

3. Except as set forth in this Amendment, the Agreement shall remain in full force and effect.

 

4. Resolution of all disputes arising out of or related to this Amendment or the performance, enforcement, breach or termination of this Amendment and any remedies relating thereto, shall be governed by and construed under the substantive Laws of the State of New York, without regard to conflicts of law rules that would provide for application of the Law of a jurisdiction outside New York. To the extent there is any such dispute, such dispute will be handled in accordance with the procedures set forth in Section 13 of the Agreement.

 

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5. This Amendment may be executed in two or more counterparts (including by facsimile or .pdf file) each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

 

 

[Remainder of Page Intentionally Left Blank]

 

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IN WITNESS WHEREOF, the Parties have executed this Amendment in duplicate originals by their proper officers as of the date and year first above written.

 

 

SANTARIS PHARMA A/S ENZON PHARMACEUTICALS, INC.
   
   
   
By: /s/Keith McCullagh By: /s/Ivan Horak
   
NAME: Keith McCullagh NAME: Ivan Horak
TITLE: CEO TITLE: EVP – R&D, CSO
   
   
By: /s/Henrik Stage  
   
NAME: Henrik Stage  
TITLE: CFO  

 

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