false 0000899460 0000899460 2021-08-13 2021-08-13


Washington, D.C. 20549



Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event Reported):  August 13, 2021  

MannKind Corporation
(Exact Name of Registrant as Specified in Charter)





(State or Other Jurisdiction of Incorporation)

(Commission File Number)

(I.R.S. Employer Identification Number)


30930 Russell Ranch Road, Suite 300, Westlake Village, California 91362

(Address of Principal Executive Offices) (Zip Code)

(818) 661-5000
(Registrant's telephone number, including area code)

(Former name or former address, if changed since last report)


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. of Form 8-K):


  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2). Emerging growth company

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.

Securities registered pursuant to Section 12(b) of the Act:


Title of each class





Name of each exchange on which registered

Common Stock, par value $0.01 per share




The Nasdaq Stock Market LLC




Item 1.01. Entry into a Material Definitive Agreement.

On August 12, 2021, MannKind Corporation (“MannKind”) and United Therapeutics Corporation (“United Therapeutics”) entered into a commercial supply agreement (the “Supply Agreement”), pursuant to which MannKind is responsible for manufacturing and supplying to United Therapeutics, and United Therapeutics is responsible for purchasing from MannKind, Tyvaso DPI™ (inhaled treprostinil) and BluHale® inhalation profiling devices (collectively, “Products”), as required for commercial distribution and sale by United Therapeutics.

Under the terms of the Supply Agreement, MannKind will be responsible for manufacturing Products in its Danbury, Conn. facility in accordance with agreed-upon specifications and quality standards. United Therapeutics will purchase Products from MannKind on a cost-plus basis. United Therapeutics is responsible for supplying treprostinil used to produce Tyvaso DPI to MannKind in quantities necessary to enable MannKind to manufacture Products as required by the Supply Agreement, at United Therapeutics’ expense.

Unless earlier terminated, the term of the Supply Agreement continues until August 12, 2026 and is thereafter renewed automatically for additional, successive two-year terms unless either party gives 24 months’ written notice of non-renewal prior to the end of the initial term or any additional renewal term. MannKind and United Therapeutics each have normal and customary termination rights, including termination for material breach that is not cured within a specific timeframe or in the event of liquidation, bankruptcy or insolvency of the other party.


Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.




MannKind Corporation









Date: August 13, 2021



/s/ David Thomson, Ph.D., J.D.




David Thomson, Ph.D., J.D.




Corporate Vice President, General Counsel and Secretary