Delaware
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000-26422
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94-3171943
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(State or other jurisdiction of incorporation)
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(Commission File Number)
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(IRS Employer Identification Number)
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 1.01.
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Entry into a Material Definitive Agreement
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Item 9.01.
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Financial Statements and Exhibits
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(d)
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Exhibits
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Second Amendment to Collaboration Agreement between the Company and Battelle dated March 31, 2016
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Discovery Laboratories, Inc.
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By
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/s/ Craig Fraser
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Name:
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Craig Fraser
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Title:
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President and Chief Executive Officer
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1. | Capitalized terms used in this Amendment and not otherwise defined shall have the meanings ascribed to such terms as set forth in the Agreement. |
2. | In accordance with Section 3(B)(i) of the Agreement, the Project Plan Fixed Cost is revised to equal an amount between (a) Eleven Million, One Hundred and Eighty-One Thousand Dollars ($11,181,000) and (b) up to Twelve Million, Two Hundred Sixty-One Thousand, One Hundred Dollars ($12,261,100); and, accordingly, the Discovery Labs Fixed Fee as of the Amendment Date remains 50% of the Project Plan Fixed Cost, or an amount between (a) Five Million, Five Hundred Ninety Thousand, Five Hundred Dollars ($5,590,500) and (b) up to (b) Six Million, One Hundred Thirty Thousand, Five Hundred Fifty Dollars ($6,130,550) (in each case, representing 50% of the revised Project Plan Fixed Cost). |
3. | The reference to “July 15, 2016" in the defined term "Milestone Date" set forth in the first sentence of Section 3(E)(ii) of the Agreement is revised to "November 15, 2016." |
Battelle Memorial Institute
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Corporate Operations
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Discovery Laboratories, Inc.
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By:
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/s/ Ken Zeller
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By:
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/s/ Mary B. Templeton
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Name:
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Ken Zeller
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Name:
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Mary B. Templeton
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Title:
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Contracting Officer
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Title:
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SVP, General Counsel & Corporate Secretary
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