[*] = Certain information in this document has been excluded as such information is not material and is the type of information that the Company treats as private or confidential.
Exhibit 10.3
THIRD AMENDMENT TO TERMINATION AND LICENSE AGREEMENT
THIS THIRD AMENDMENT TO TERMINATION AND LICENSE AGREEMENT (the “Third Amendment”) is made and entered into as of January 5th 2018 by and between Merck Sharp & Dohme Corp., a New Jersey corporation with a place of business at One Merck Drive, Whitehouse Station, NJ 08889 (“Merck”) and SCYNEXIS, Inc., a Delaware corporation with a principal place of business at 101 Hudson Street, Suite 3610, Jersey City, NJ 07302 (“Scynexis”).
RECITALS
WHEREAS, Scynexis and Merck are parties to a Termination and License Agreement dated as of May 24, 2013 (the “Original Agreement”), as amended by a letter agreement dated as of December 3, 2014 (the “First Amendment”) and a Second Amendment to Termination and License Agreement dated as of December 21, 2016 (the “Second Amendment”; the Original Agreement as amended by the First Amendment and the Second Amendment are collectively referred to herein as the “Agreement”); and
WHEREAS, the Parties desire to enter into this Third Amendment to amend or clarify the provisions of Section 5 on the timing of payment of certain milestone payments under the Agreement.
NOW, THEREFORE, Merck and Scynexis hereby agree as follows:
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IN WITNESS WHEREOF, the Parties have executed this Third Amendment as of the date first above written.
MERCK SHARP & DOHME CORP. SCYNEXIS, INC.
By: /s/ Meeta Chatterjee By: /s/ Marco Taglietti
Name: Meeta Chatterjee Marco Taglietti
Title: Head, Strategy, Transactions, Ops President and CEO
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