DEPOMED,INC. (NASDAQ:DEPO) Files An 8-K Other EventsItem 8.01 Other Events
On January9, 2018, Depomed,Inc., a California corporation (the “Company”) consummated the transactions contemplated by the Commercialization Agreement, dated as of December4, 2017, by and among the Company, Collegium Pharmaceutical, Inc., a Virginia corporation (“Collegium”), and Collegium NF, LLC, a Delaware limited liability company and wholly owned subsidiary of Collegium (the “Commercialization Agreement”). to the Commercialization Agreement, the Company granted Collegium rights to commercialize NUCYNTA® Extended Release and NUCYNTA® Immediate Release, including certain generics authorized by the Company and line extensions (collectively, “NUCYNTA”). At the closing, the parties entered into an amendment of the Commercialization Agreement.
Upon the consummation of the Commercialization Agreement, the Company received an upfront cash payment of $10,000,000 from Collegium. During the term of the Commercialization Agreement, the Company will receive royalties on all NUCYNTA revenues based on achievement of certain net sales thresholds. The Company is guaranteed minimum royalty payments through December31, 2021, and thereafter will continue to receive royalties on NUCYNTA revenues, so long as no third party has initiated wholesale or retail sales of generic versions of the products.
The description of the Commercialization Agreement and its contemplated transactions is set forth in the Company’s Current Report on Form8-K filed on December4, 2017 and is qualified in its entirety by the full text of the Commercialization Agreement and the amendment thereto, which the Company expects to file as exhibits to its Annual Report on Form10-K for the year ended December 31, 2017.
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