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S-1
PROTEON THERAPEUTICS INC filed this Form S-1 on 09/16/2014
Entire Document
 

 

5.                                      Section 6.3 is hereby deleted in its entirety, and replaced with the following:

 

All invoices submitted to Proteon pursuant to Section 6.2 shall be paid by Proteon in U.S. Dollars (USD) based on the conversion of each payment amount scheduled in Swiss Francs (CHF) to USD, utilizing the base exchange rate, as described in the next sentence, or as otherwise adjusted pursuant to this Section 6.3.  The base exchange rate for this Agreement will be that for purchasing CHF with USD at the closing on the Amendment 1 Effective Date as stated in the Wall Street Journal, Eastern Edition.  If the exchange rate, as stated in the Wall Street Journal, Eastern Edition, for purchasing CHF with USD increases or decreases by 5% or less from the base exchange rate at any date of invoice, then no adjustment shall be made; if the exchange rate for purchasing CHF with USD increases or decreases by more than 5% from the base exchange rate at any date of invoice, then the Parties shall each assume 50% of the burden or the benefit of such increase or decrease from the base exchange rate.

 

6.                                      For the purposes of the Amendment 1 Services, Section 18.4.4 is hereby deleted in its entirety.

 

7.                                      For the purposes of the Amendment 1 Services, Exhibit B is hereby deleted in its entirety.  For the purposes of the Amendment 1 Services, the prices are included in Exhibit A-1.

 

8.                                      For the purposes of the Amendment 1 Services, Exhibit D is hereby deleted in its entirety.

 

9.                                      For the purposes of Amendment 1 Services, Exhibit E is added to the Agreement and is hereto and incorporated by reference.

 

10.                               In the event of a conflict between the terms and conditions of this Amendment 1 and the Agreement, the terms and conditions of this Amendment 1 shall control.

 

All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.

 


* CONFIDENTIAL TREATMENT REQUESTED.  OMITTED PORTIONS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED.

 

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