| On
September 20, 2002, Amylin partnered with Eli
Lilly to develop and market exenatide. Lilly
agreed to pay $80 million up front to Amylin and
purchase $30 million of Amylin stock. Including
other milestone fees and payments related to the
success of the long acting formulation of
exenatide, the deal could be worth approximately
$300 million to Amylin. Lilly and Amylin agreed to
share profits for exenatide, and Lilly agreed to
help Amylin develop its sales force in
anticipation of Symlin marketing.
In May 2008, Amylin and Lilly entered into an
addendum to their co-promotion agreement, or the
Addendum, pursuant to which Lilly added a third
party sales force to co-promote BYETTA in the
United States.
In April 2009, Amylin and Eli Lilly agreed to
an amendment of the collaboration agreement
between the parties made in September 2002. The
Amendment requires Lilly to give Amylin one year
notice of any termination without cause of the
Collaboration Agreement. Prior to amending the
agreement, Lilly was required to provide six
months notice of any termination without cause.
The parties also clarified allocation and
reimbursement procedures of certain shared
expenses under the terms of the Collaboration
Agreement. They also agreed to adopt a set of
guidelines to govern the working relationship of
an integrated medical, development and commercial
team for exenatide comprised of Amylin employees
and Lilly employees to be located in San Diego.
In June 2009, Amylin and Lilly mutually agreed
to terminate the Addendum entered in May 2008
effective as of June 30, 2009. The underlying
co-promotion agreement remains intact and Amylin
and Lilly continue to co-promote
BYETTA. |