Exhibit 4.4
to Form 20-F
Amendment to the Basic Agreement of June 17th/18th 1999
between
LION bioscience ▇▇
▇▇▇▇▇▇▇▇▇▇▇▇. ▇▇
▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇
- called "LION" hereinafter -
and
▇▇▇▇▇ ▇▇
51368 Leverkusen
- called "Bayer" hereinafter -
WHEREAS, LION has provided, and continues to provide certain services and
deliverables to BAYER under the Basic Agreement of June 17th/18th 1999
(hereinafter, the "BASIC AGREEMENT");
WHEREAS, the BASIC Agreement specifies the services and deliverables to
be provided to BAYER by LION in return for the consideration paid by BAYER to
LION as specified in the BASIC AGREEMENT;
WHEREAS, Bayer has requested that LION perform certain additional
services and deliverables not provided for in the BASIC AGREEMENT, specifically
the identification and delivery of 200 so-called "public domain" targets (the
"ADDITIONAL TARGETS") in accordance with the specifications of BAYER, in return
for an additional payment by Bayer;
NOW, therefore, the parties agree as follows.
BAYER shall pay LION an additional fee in the total amount of US
$2,310,000.00 in return for the delivery of the 200 ADDITIONAL TARGETS.
Payment of this fee is in addition to, and does not reduce or modify, the
fees set forth in the BASIC AGREEMENT that BAYER is required to pay LION for the
services and deliverables to be provided to BAYER under the BASIC AGREEMENT.
This additional fee shall become immediately due and payable upon
acceptance of the ADDITIONAL TARGETS by Bayer.
The terms of the Amendment to the BASIC AGREEMENT of February 15, 2002
shall be null and void.
All other provisions of the BASIC AGREEMENT remain in full force and
effect without modification.
IN WITNESS THEREOF, intending to be bound hereby, have signed this
Amendment as of February 16, 2002.
LION BIOSCIENCE AKTIENGESELLSCHAFT
/s/▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ und ▇▇▇▇▇▇▇
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▇▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ und ▇▇▇▇▇▇▇
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/s/▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
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Prof. ▇▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇