SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or Section
15(d) of the Securities Exchange Act of 1934
Date of Report (Date of Earliest Event
Reported): July 24, 2014 (July 18, 2014)
(Exact name of registrant
as specified in its charter)
(State or other jurisdiction
45 Horsehill Road, Suite 106
Cedar Knolls, New Jersey 07927
(Address of Principal
(Issuer’s telephone number)
Check the appropriate box below if the Form 8-K filing is
intended to simultaneously satisfy the filing obligation to the registrant under any of the following provisions:
||Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)|
||Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)|
||Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))|
||Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))|
Entry into a Material Definitive Agreement.
July 18, 2014, MYOS Corporation (the “Company") entered into the First Amended and Restated Exclusive Supply
Agreement (the “Agreement”) with Deutsches Institut fur Lebensmitteltechnik e.V. - the German Institute for
Food Technologies (“DIL”). Pursuant to the Agreement, DIL will manufacture and supply the Company on a monthly
basis with FortetropinTM, the active ingredient for its products, and the Company will purchase minimum quantities of
FortetropinTM through 2016 at fixed prices. DIL will manufacture the formula exclusively for the Company and may not
manufacture the formula for other entities. In addition, DIL agreed to assign its United States patent application for the manufacture
of the formula to the Company. For a period of seven years from the expiration of the Agreement, the Company will pay DIL a low
single-digit royalty payment for each kilogram of FortetropinTM produced by the Company, subject to certain minimum
and maximum amounts. DIL also granted the Company a right of first refusal to license and/or acquire the European patent it owns
for the manufacture of the formula. The Agreement expires on December 31, 2016, and may be renewed for additional one-year periods
unless terminated by either party by giving ninety days notice before the expiration of the current term.
foregoing description of the Agreement does not purport to be complete and is qualified in its entirety by reference to the text
of the Agreement, a copy of which is filed as Exhibit 10.1 to this report, and is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
First Amended and Restated Exclusive Supply Agreement between
the Company and Deutsches Institut fur
Lebensmitteltechnik e.V. - the German Institute for Food Technologies,
dated July 18, 2014*
^ Certain portions
have been omitted pursuant to a confidential treatment request. Omitted information has been filed separately with the SEC.
* Certain exhibits and schedules to this exhibit have been
omitted in accordance with Item 601(b)(2) of Regulation S-K. The Registrant agrees to furnish supplementally a copy of all omitted
exhibits and schedules to the Securities and Exchange Commission upon its request.
Pursuant to the requirements of the Securities
Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Dated: July 24, 2014
||/s/ Peter Levy
||Name: Peter Levy