On January 20, 2022, Metuchen Pharmaceuticals LLC (“Metuchen”), a wholly owned subsidiary of Petros Pharmaceuticals, Inc. (the “Company”), entered into a Technology Transfer Service Agreement with Patheon Pharmaceuticals Inc., part of Thermo Fisher Scientific (“Patheon”) (the “Agreement”), pursuant to which the parties agreed to collaborate as strategic partners for commercial production of the Company’s Stendra® (avanafil) tablets at Patheon’s facilities in Cincinnati, Ohio. Under the Agreement, Patheon or one of its affiliates will provide certain pharmaceutical development and technology transfer services in order to establish and validate its ability to manufacture supply of the Company’s Stendra® product. Any commercial sale of product manufactured during the performance of the Agreement must be subject to a subsequent commercial manufacturing services agreement (with associated quality agreement) between the parties before it can be offered for commercial sale.

The Agreement contains general terms governing the parties’ engagement and provides that such terms shall be replaced and superseded by the terms of an Umbrella Development Services Agreement to be entered into by the parties at a later date. In addition, following successful completion of validation, the parties shall execute a commercial manufacturing services agreement for release of commercially saleable products. The Agreement is in effect until the completion by Patheon of the services described therein. In addition, each party has the ability to terminate the Agreement upon the occurrence of certain customary conditions. The Agreement contains indemnity obligations customary for agreements of this type.