0001193125-09-019038 Sample Contracts

Nanophase Technologies Corporation and Mellon Investor Services, LLC, as Rights Agent Amended and Restated Rights Agreement Dated as of January 30, 2009
Rights Agreement • February 5th, 2009 • Nanophase Technologies Corporation • Miscellaneous primary metal products • New York

This Amended and Restated Rights Agreement (this “Agreement”), dated as of January 30, 2009, between Nanophase Technologies Corporation, a Delaware corporation (the “Company”), and Mellon Investor Services LLC, a New Jersey limited liability company, as Rights Agent (the “Rights Agent”) amends and restates the Rights Agreement, dated as of October 28, 1998, between the Company and LaSalle National Bank, as amended (the “Original Agreement”).

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