Exhibit 10.3
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM IF PUBLICLY DISCLOSED.
Execution Version
AMENDMENT NO. 2 TO DCA
This Amendment No. 2 (this “Second Amendment”) to that certain Definitive Collaboration Agreement dated as of June 9, 2020, as amended on May 27, 2022 (the “DCA”) is entered into as of February 8, 2023 and effective as of March 31, 2022 (“Second Amendment Effective Date”) by and among Glaxo Wellcome UK Limited, a private company limited by shares organized under the laws of England having an office at 980 Great West Road, Brentford, Middlesex TW8 9GS, England, registered under company number 00480080 (“GW”); and GlaxoSmithKline Biologicals S.A., a private company limited by shares organized under the laws of Belgium having its registered place of business at Rue de l’Institut 89 Rixensart, 1330 Belgium, as assignee of the DCA from Beecham S.A. (“GSK Bio”, together with GW, “GSK”), and Vir Biotechnology, Inc., a Delaware corporation having an office at 499 Illinois Street, Suite 500, San Francisco, CA 94158 (“Vir”). Capitalized terms used but not otherwise defined in this Second Amendment shall have the meanings given to them in the DCA.
BACKGROUND
WHEREAS, GSK and Vir entered into the DCA, pursuant to which the Parties are collaborating on the development, manufacture, and commercialization of certain Collaboration Products for the prevention, treatment and prophylaxis of diseases caused by SARS-CoV-2 and potentially other Coronaviruses under three (3) Collaboration Programs: the Antibody Program, the Vaccine Program and the Functional Genomics Program;
WHEREAS, GSK and Vir now desire to enter into this Second Amendment to amend the DCA to remove the Vaccine Program from the Collaboration in accordance with Sections 14.2 and 20.11 of the DCA.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
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[Signature page follows]
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IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed by their respective duly authorized representatives as set forth below.
Glaxo Wellcome UK Limited
By: /s/ Marcus Dowding
Name: Marcus Dowding
Title: Authorized Signatory for Edinburgh Pharmaceutical Industries Limited, a corporate director
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[Signature Page to Amendment No. 2 to DCA]
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed by their respective duly authorized representatives as set forth below.
GlaxoSmithKline Biologicals S.A.
By: /s/ Antoon Loomans
Name: Antoon Loomans
Title: Director -and-
By: /s/ Jamila Louahed
Name: Jamila Louahed
Title: Director
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[Signature Page to Amendment No. 2 to DCA]
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed by their respective duly authorized representatives as set forth below.
Vir Biotechnology, Inc.
By: /s/ George Scangos
Name: George Scangos, Ph.D.
Title: President and Chief Executive Officer
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[Signature Page to Amendment No. 2 to DCA]