Item 1.01. Entry into a Material Definitive Agreement.
On January 31, 2023, Nabriva Therapeutics Ireland Designated Activity Company, a
wholly owned subsidiary of Nabriva Therapeutics plc (the "Company"), entered
into a Letter Agreement (the "Letter Agreement") with MSD International Business
GmbH and Merck Sharp & Dohme LLC, each a subsidiary of Merck & Co., Inc.,
relating to the Sales Promotion and Distribution Agreement, dated July 15, 2020
(the "Distribution Agreement"), pursuant to which the Company previously
exclusively licensed the right to promote, distribute and commercialize SIVEXTRO
for acute bacterial skin and skin structure infections caused by certain
susceptible Gram-positive microorganisms in the United States and its
territories. Pursuant to the Letter Agreement, the Company's exclusive license
to promote, distribute and commercialize SIVEXTRO was converted to a
non-exclusive license, and the parties agreed to terminate the Distribution
Agreement, effective June 30, 2023. The Company no longer intends to actively
promote SIVEXTRO but expects to continue to make SIVEXTRO available to wholesale
customers and record revenue on account of any sales until June 30, 2023. After
June 30, 2023, the Company will no longer have the right to promote, distribute
or commercialize SIVEXTRO.
The foregoing description of certain terms of the Letter Agreement does not
purport to be complete and is qualified in its entirety by reference to the
Letter Agreement, which is filed as Exhibit 10.1 to this Current Report on Form
8-K and incorporated by reference herein.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
Exhibit
No. Description
10.1* Letter Agreement, dated January 31, 2023, by and among Nabriva
Therapeutics Ireland Designated Activity Company, MSD International
Business GmbH and Merck Sharp & Dohme LLC
104 Cover Page Interactive Data File (embedded within the Inline XBRL
document)
* Portions of this exhibit have been omitted pursuant to Item 601(b)(10)(iv) of
Regulation S-K.
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