HUMAN GENOME SCIENCES, INC. Issuer AND The Bank of New York Mellon Trust Company, N.A. Trustee INDENTURE Dated as of November 7, 2011 Senior Debt SecuritiesHuman Genome Sciences Inc • November 7th, 2011 • Biological products, (no disgnostic substances) • New York
INDENTURE, dated as of November 7, 2011, between Human Genome Sciences, Inc., a Delaware corporation (the “Company”), and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”):
Human Genome Sciences, Inc. Underwriting AgreementHuman Genome Sciences Inc • November 7th, 2011 • Biological products, (no disgnostic substances) • New York
Human Genome Sciences, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Citigroup Global Markets Inc. (the “Underwriter”) an aggregate of $430,000,000 principal amount (the “Firm Securities”) of its 3.00% Convertible Senior Notes due 2018 (the “Notes”), which are convertible into shares of the Company’s common stock, par value $0.01 per share (“Common Stock”), and at the election of the Underwriter, up to an aggregate of $64,500,000 in additional aggregate principal amount of Notes (the “Optional Securities”)(the Firm Securities and the Optional Securities which the Underwriter elects to purchase pursuant to Section 2 hereof are herein collectively called the “Securities”). The Securities will be issued pursuant to an indenture, dated as of November 7, 2011, by and between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), as supplemented by a Supplemental Indent
