La Jolla Pharmaceutical Co. – Credit Agreements Watch

from 10-K 4 pages This Amendment (“Amendment”) Is Made and Entered Into as of July 29, 2019 Between Tetraphase Pharmaceuticals, Inc., a Corporation Organized and Existing Under the Laws of Delaware With a Principal Place of Business at 480 Arsenal Way, Watertown, Ma 02472 (“Tetraphase”), and Everest Medicines Limited, an Exempted Company Organized and Existing Under the Laws of Cayman Islands, With a Principal Place of Business at Room 3306-3307, Two Exchange Square, 8 Connaught, Hong Kong (“Licensee”). Reference Is Made to That Certain License Agreement (“Original License Agreement”) Dated February 20, 2018 Between Tetraphase and Licensee. Capitalized Terms Used Herein Without Definitions Shall Have the Same Meanings Ascribed to Them Under the Original License Agreement. 1. Section 1.41 of the Original License Agreement Shall Be Amended and Restated in Its Entirety as Follows: “Jurisdiction” Means Each of the Following: Mainland China, Taiwan, Hong Kong, Macau, South Korea, Singapore, Malaysian Federation, Kingdom of Thailand, the Republic of Indonesia, Socialist Republic of Vietnam or the Republic of the Philippines. 2. Within Thirty (30) Days of the Execution of This Amendment, Licensee Shall Pay Tetraphase a One-Time, Non-Refundable, Non-Creditable Upfront Payment of Two Million Dollars ($2,000,000). 3. Section 16.06 of the Original License Agreement Shall Be Amended and Restated in Its Entirety as Follows