THERAVANCE, INC. and The Bank of New York, as Rights Agent AMENDED AND RESTATED RIGHTS AGREEMENT Dated as of June 22, 2007Rights Agreement • August 8th, 2007 • Theravance Inc • Pharmaceutical preparations • New York
shares of Common Stock outstanding as of the Record Date, even without such notation or a copy of this Summary of Rights, will also constitute the transfer of the Rights associated with the shares of Common Stock represented by such certificate. As soon as practicable following the Distribution Date, separate certificates evidencing the Rights (“Right Certificates”) will be mailed to holders of record of the Common Stock as of the close of business on the Distribution Date and such separate Right Certificates alone will evidence the Rights.
