Item 1.02 Termination of Material Definitive Agreement

On September 29, the Company sent notice to RHEI Pharmaceuticals, N.V. ("RHEI"), terminating the License Agreement ("Agreement") dated October 1, 2006 between the Company and RHEI. RHEI owed the Company a milestone payment following the announcement of acceptance for filing of a New Drug Application for the Company's AP530 product candidate by the U.S. Food and Drug Administration on July 20, 2009. RHEI did not make such milestone payment in the time required under the terms of the Agreement and was provided notice by the Company of RHEI's cure period. RHEI remains in default of this payment and, as a result, the Company elected to terminate the Agreement for cause. No material termination penalties apply to the Company for the termination of the Agreement.