JAZZ PHARMACEUTICALS, INC.
THIS AMENDMENT TO STOCK RESTRICTION AGREEMENT (the Amendment) is entered into as of October 30, 2003, by and between Jazz Pharmaceuticals, Inc., a California corporation (the Company), and Samuel R. Saks (the Founder).
A. The Company and the Founder entered into a Stock Restriction Agreement dated April 30, 2003 (the Restriction Agreement) in order to provide the Company with certain rights to repurchase shares of the Companys Common Stock held by the Founder.
B. On the date hereof, the Founder sold 660,000 shares of the Companys Common Stock to another shareholder of the Company.
C. The Company and the Founder wish to enter into this Amendment so that the decrease in the number of shares now held by the Founder is reflected in the Restriction Agreement.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Amendment to the Definition of Shares. The definition of Shares as set forth in Recital A of the Restriction Agreement is hereby amended to mean 2,640,000 shares of the Companys Common Stock held by the Founder.
2. Effectiveness; Continuity of Terms. This Amendment shall be effective when executed by the Company and the Founder. All the other terms and provisions of the Restriction Agreement shall remain in full force and effect.
3. Counterparts. This Amendment may be executed in counterparts, each of which will be deemed an original and which together will constitute one in the same instrument.
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|Company:||JAZZ PHARMACEUTICALS, INC.|
|a California corporation|
|Bruce C. Cozadd, Chairman|
|Samuel R. Saks|