Common use of Other Provisions of General Application Clause in Contracts

Other Provisions of General Application. 7.1 Notices to the Rights Agent and Parent. Any notice or other communication required or permitted to be delivered to Parent or the Rights Agent under this Agreement shall be in writing and shall be deemed properly delivered, given and received (a) upon receipt when delivered by hand, (b) two Business Days after being sent by registered mail or by courier or express delivery service, (c) if sent by email transmission prior to 6:00 p.m. recipient’s local time, upon transmission when receipt is confirmed or (d) if sent by email transmission after 6:00 p.m. recipient’s local time and receipt is confirmed, the Business Day following the date of transmission; provided that in each case the notice or other communication is sent to the physical address or email address, as applicable, set forth beneath the name of such party below (or to such other physical address or email address as such party shall have specified in a written notice given to the other party): If to the Rights Agent, to it at: [ ] [Address] Attention: [ ] Facsimile: [ ] Email: [ ] If to Parent, to it at: La Jolla Pharmaceutical Company 0000 Xxxxx Xxxxxx Xxxxx Xxx Xxxxx, Xxxxxxxxxx 00000 Attention: Chairman E-mail: xxxxx@xxxx.xxx with a copy to (which shall not constitute notice): Xxxxxx, Xxxx & Xxxxxxxx LLP 000 Xxxxxxx Xxxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Attention: Xxxx X. Xxxx E-mail: XXxxx@xxxxxxxxxx.xxx The Rights Agent or Parent may specify a different address, facsimile number or email address by giving notice in accordance with this Section 7.1.

Other Provisions of General Application. 7.1 Notices to the Rights Agent and Parent. Any notice or other communication required or permitted to be delivered to Parent or the Rights Agent under this Agreement shall be in writing and shall be deemed properly delivered, given and received (a) upon receipt when delivered by hand, (b) two Business Days after being sent by registered mail or by courier or express delivery service, (c) if sent by email transmission prior to 6:00 p.m. recipient’s local time, upon transmission when receipt is confirmed or (d) if sent by email transmission after 6:00 p.m. recipient’s local time and receipt is confirmed, the Business Day following the date of transmission; provided that in each case the notice or other communication is sent to the physical address or email address, as applicable, set forth beneath the name of such party below (or to such other physical address or email address as such party shall have specified in a written notice given to the other party): If to the Rights Agent, to it at: [ ] [Address] Attention: [ ] Facsimile: [ ] Email: [ ] If to Parent, to it at: La Jolla Pharmaceutical Company 0000 Xxxxx Xxxxxx Xxxxx Xxx Xxxxx, Xxxxxxxxxx 00000 Attention: Chairman E-mail: xxxxx@xxxx.xxx with a copy to (which shall not constitute notice): to: Xxxxxx, Xxxx & Xxxxxxxx LLP 000 Xxxxxxx Xxxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Attention: Xxxx X. Xxxx E-mail: XXxxx@xxxxxxxxxx.xxx The Rights Agent or Parent may specify a different address, facsimile number or email address by giving notice in accordance with this Section 7.1.. 7.2

Other Provisions of General Application. 7.1 Notices to the Rights Agent and Parent. Any notice or other communication required or permitted to be delivered to Parent or the Rights Agent under this Agreement shall be in writing and shall be deemed properly delivered, given and received (a) upon receipt when delivered by hand, (b) two Business Days after being sent by registered mail or by courier or express delivery service, (c) if sent by email transmission prior to 6:00 p.m. recipient’s local time, upon transmission when receipt is confirmed or (d) if sent by email transmission after 6:00 p.m. recipient’s local time and receipt is confirmed, the Business Day following the date of transmission; provided that in each case the notice or other communication is sent to the physical address or email address, as applicable, set forth beneath the name of such party below (or to such other physical address or email address as such party shall have specified in a written notice given to the other party): If to the Rights Agent, to it at: [ ] [Address] Attention: [ ] Facsimile: [ ] Email: [ ] If to Parent, to it at: La Jolla Pharmaceutical Company 0000 Melinta Therapeutics, Inc. 00 Xxxxxxxx Xx, Xxxxx 000, Xxxxxxxxxx, Xxx Xxxxxx Xxxxx Xxx Xxxxx, Xxxxxxxxxx 00000 Attention: Chairman [_____] E-mail: xxxxx@xxxx.xxx [_____] with a copy to (which shall not constitute notice): Xxxxxx, Xxxx & Xxxxxxxx LLP 000 Xxxxxxx Xxxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Attentionto: Xxxx X. Xxxx E-mail: XXxxx@xxxxxxxxxx.xxx [__________] The Rights Agent or Parent may specify a different address, facsimile number or email address by giving notice in accordance with this Section 7.1.

Other Provisions of General Application. 7.1 Notices to the Rights Agent and Parent. Any notice or other communication required or permitted to be delivered to Parent or the Rights Agent under this Agreement shall be in writing and shall be deemed properly delivered, given and received (a) upon receipt when delivered by hand, (b) two Business Days after being sent by registered mail or by courier or express delivery service, (c) if sent by email transmission prior to 6:00 p.m. recipient’s local time, upon transmission when receipt is confirmed or (d) if sent by email transmission after 6:00 p.m. recipient’s local time and receipt is confirmed, the Business Day following the date of transmission; provided that in each case the notice or other communication is sent to the physical address or email address, as applicable, set forth beneath the name of such party below (or to such other physical address or email address as such party shall have specified in a written notice given to the other party): If to the Rights Agent, to it at: [ ] [Address] AttentionAmerican Stock Transfer & Trust Company, LLC 0000 00xx Xxxxxx, Xxxxxxxx, XX 00000 Attn: [ ] Facsimile: [ ] Relationship Management Email: [ ] xxxxxxx@xxxxxxxxxxxx.xxx If to Parent, to it at: La Jolla Pharmaceutical Company 0000 Xxxxx Xxxxxx Xxxxx Xxx Xxxxx, Xxxxxxxxxx 00000 Attention: Chairman E-mail: xxxxx@xxxx.xxx with a copy to (which shall not constitute notice): Xxxxxx, Xxxx & Xxxxxxxx LLP 000 Xxxxxxx Xxxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 Attention: Xxxx X. Xxxx E-mail: XXxxx@xxxxxxxxxx.xxx The Rights Agent or Parent may specify a different address, facsimile number or email address by giving notice in accordance with this Section 7.1.

Other Provisions of General Application. 7.1 7.1. Notices to the Rights Agent and Parent. Any notice or other communication required or permitted to be delivered to Parent or the Rights Agent under this Agreement shall be in writing and shall be deemed properly delivered, given and received (a) upon receipt when delivered by hand, (b) two Business Days after being sent by registered mail or by courier or express delivery service, (c) if sent by email transmission prior to 6:00 p.m. recipient’s local time, upon transmission when receipt is confirmed or (d) if sent by email transmission after 6:00 p.m. recipient’s local time and receipt is confirmed, the Business Day following the date of transmission; provided that in each case the notice or other communication is sent to the physical address or email address, as applicable, set forth beneath the name of such party below (or to such other physical address or email address as such party shall have specified in a written notice given to the other party): If to the Rights Agent, to it at: [ ] [Address] Attention: [ ] Facsimile: [ ] Email: [ ] If to Parent, to it at: La Jolla Pharmaceutical Company 0000 AcelRx Pharmaceuticals, Inc. 000 Xxxxxxxxx Xxxxx Xxxxxx Xxxxx Xxx XxxxxXxxxxxx Xxxx, Xxxxxxxxxx 00000 Attention: Chairman Chief Financial Officer E-mail: xxxxx@xxxx.xxx xxxxx@xxxxxx.xxx with a copy to (which shall not constitute notice): to: Xxxxxx LLP 000 Xxxxxxxxxx Xxxxxx, Xxxx & Xxxxxxxx LLP 000 Xxxxxxx Xxxxxx 0xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx XX 00000 Attention: Xxxxxx Xxxxxxxx; Xxxx X. Xxxx Xxxxxxxxxxx E-mail: XXxxx@xxxxxxxxxx.xxx xxxxxxxxx@xxxxxx.xxx; xxxx@xxxxxx.xxx Facsimile: (000) 000-0000 The Rights Agent or Parent may specify a different address, facsimile number or email address by giving notice in accordance with this Section 7.1.