0000950123-09-055430 Sample Contracts

SECOND AMENDMENT TO PROMISSORY NOTE
Promissory Note • October 30th, 2009 • Via Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • California

THIS SECOND AMENDMENT TO PROMISSORY NOTE (this “Amendment”) is made and entered as of October 30, 2009, by and between VIA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Bay City Capital Fund IV, L.P., or its registered assigns (the “Holder”).

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