Item 1.01. Entry into a Material Definitive Agreement.

On January 31, 2023, Nabriva Therapeutics Ireland Designated Activity Company, a wholly owned subsidiary of Nabriva Therapeutics plc (the "Company"), entered into a Letter Agreement (the "Letter Agreement") with MSD International Business GmbH and Merck Sharp & Dohme LLC, each a subsidiary of Merck & Co., Inc., relating to the Sales Promotion and Distribution Agreement, dated July 15, 2020 (the "Distribution Agreement"), pursuant to which the Company previously exclusively licensed the right to promote, distribute and commercialize SIVEXTRO for acute bacterial skin and skin structure infections caused by certain susceptible Gram-positive microorganisms in the United States and its territories. Pursuant to the Letter Agreement, the Company's exclusive license to promote, distribute and commercialize SIVEXTRO was converted to a non-exclusive license, and the parties agreed to terminate the Distribution Agreement, effective June 30, 2023. The Company no longer intends to actively promote SIVEXTRO but expects to continue to make SIVEXTRO available to wholesale customers and record revenue on account of any sales until June 30, 2023. After June 30, 2023, the Company will no longer have the right to promote, distribute or commercialize SIVEXTRO.

The foregoing description of certain terms of the Letter Agreement does not purport to be complete and is qualified in its entirety by reference to the Letter Agreement, which is filed as Exhibit 10.1 to this Current Report on Form 8-K and incorporated by reference herein.

Item 9.01. Financial Statements and Exhibits.





(d) Exhibits



Exhibit
No.                                       Description
  10.1*       Letter Agreement, dated January 31, 2023, by and among Nabriva
            Therapeutics Ireland Designated Activity Company, MSD International
            Business GmbH and Merck Sharp & Dohme LLC
104         Cover Page Interactive Data File (embedded within the Inline XBRL
            document)

* Portions of this exhibit have been omitted pursuant to Item 601(b)(10)(iv) of Regulation S-K.

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