UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
(Amendment No. 1)
CURRENT REPORT
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Explanatory Note
This Amendment No. 1 to Current Report on Form 8-K (“Amendment No. 1”) is being filed to amend the Current Report on Form 8-K filed by MannKind Corporation with the Securities and Exchange Commission on August 16, 2021 (the “Original 8-K”). The Original 8-K incorrectly identified the Date of Report on the cover page as August 13, 2021. As disclosed in Item 1.01 of the Original 8-K and reproduced below, the date of the earliest event reported in the Original 8-K is August 12, 2021. This Amendment No. 1 to the Original 8-K is filed solely to correct the Date of Report on the cover page. No other changes have been made to the Original 8-K.
| 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.
SIGNATURE
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 | ||||||
| Dated: August 16, 2021 | By: | /s/ David Thomson, Ph.D., J.D. | ||||
| David Thomson, Ph.D., J.D. | ||||||
| Corporate Vice President, General Counsel and Secretary | ||||||