Exhibit 10.13


 


CONFIDENTIAL TREATMENT REQUESTED:


 


Portions of this Exhibit have been redacted
pursuant to a request for confidential treatment under Rule 24b-2 of the
General Rules and Regulations under the Securities Exchange Act of 1934,
as amended.  Such redacted portions have been replaced with “{***}” in this Exhibit.  An unredacted version of this document has
been filed separately with the Securities and Exchange Commission along with
the request for confidential treatment.


 


AMENDMENT
No. 2 TO SUPPLY AGREEMENT


 


THIS
AMENDMENT No. 2 TO SUPPLY AGREEMENT (the “Second
Amendment”) is hereby made as of December 19, 2006 by and between Plantex
USA, Inc., a New Jersey corporation, with offices at 2 University Plaza, Suite 305,
Hackensack, New Jersey 07601 (“Plantex”) and Biovail Laboratories International
Srl, with offices at Chelston Park, Building 2, Collymore Rock, St. Michael,
Barbados, West indies BB14018 (“Biovail”). Plantex and Biovail are sometimes
together referred to herein as the “Parties” and separately as a “Party.”


 


WHEREAS,
Plantex and Biovail entered into a Supply Agreement with the Effective Date of October 1,
2004, as amended by Amendment No. 1 on December 30, 2005
(collectively, the “Supply Agreement”); and


 


WHEREAS,
the Parties desire to enter into this Second Amendment to make certain
modifications to the terms and conditions of the Supply Agreement in order to
reflect the current mutual intent and desire of the Parties.


 


NOW,
THEREFORE, in consideration of the foregoing premises and the
mutual agreements set forth below, and other good and valuable consideration
the receipt and sufficiency of which are hereby acknowledged, the Parties
hereby agree as follows:


 


1.                                       Delivery of API. In full satisfaction of the
purchase and delivery requirements for 2006 API (as defined in the Supply
Agreement) and despite Section 2.1 of the Supply Agreement, Biovail has
directed, and Plantex has agreed, that the 2006 API shall be delivered to
Biovail as follows:


 


a.                                       Plantex shall ship {***}† of API to Biovail no later
than December 31st, 2006; and


 


b.                                      Plantex shall ship the balance of the 2006
API, being {***}†
of API, to Biovail during the third calendar quarter of 2007.


 


For the avoidance
of doubt, Plantex will issue invoices for the 2006 API upon shipment.


 


2.                                       Miscellaneous. All capitalized terms used
herein, unless otherwise defined herein, shall have the respective meanings set
forth in the Supply Agreement. Except as expressly modified by this Second
Amendment, all terms and conditions of the Supply Agreement shall remain in
full force and effect and shall be otherwise unaffected hereby.


 






† Represents material which
has been redacted and filed separately with the Securities and Exchange
Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2
under the Securities Exchange Act of 1934, as amended.


 

















 


IN
WITNESS WHEREOF, the Parties have caused
this Second Amendment to be executed in multiple counterparts by their
respective duly authorized representatives, as of the date first set forth
above.


 


	
  BIOVAIL LABORATORIES
  INTERNATIONAL SRL

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/ Michel Chouinard

  	
   

  
	
   

  	
   

  	
   

  
	
  Name:

  	
  Michel Chouinard

  	
   

  
	
   

  	
   

  	
   

  
	
  Title:

  	
  Chief Operating Officer

  	
   

  
	
   

  	
   

  	
   

  
	
  PLANTEX USA, INC.

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/ George Svokos

  	
   

  
	
   

  	
   

  	
   

  
	
  Name:

  	
  George Svokos

  	
   

  
	
   

  	
   

  	
   

  
	
  Title:

  	
  President

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/ Allen Lefkowitz

  	
   

  
	
   

  	
   

  	
   

  
	
  Name:

  	
  Allen Lefkowitz

  	
   

  
	
   

  	
   

  	
   

  
	
  Title:

  	
  Chief Financial Officer

  	
   

  



 


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