REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 8th, 2010 • Arena Pharmaceuticals Inc • Pharmaceutical preparations • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of June 2, 2010, by and among ARENA PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and DEERFIELD PRIVATE DESIGN FUND, L.P., DEERFIELD PRIVATE DESIGN INTERNATIONAL, L.P., DEERFIELD PARTNERS, L.P., DEERFIELD INTERNATIONAL LIMITED, DEERFIELD SPECIAL SITUATIONS FUND, L.P. AND DEERFIELD SPECIAL SITUATIONS FUND INTERNATIONAL LIMITED (as defined below) (each individually, a “Purchaser” and together, the “Purchasers”).
PURCHASE AND EXCHANGE AGREEMENTPurchase and Exchange Agreement • June 8th, 2010 • Arena Pharmaceuticals Inc • Pharmaceutical preparations • New York
PURCHASE AND EXCHANGE AGREEMENT (this “Agreement”), dated as of June 2, 2010, between Arena Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and the parties identified on the Schedule of Purchasers attached hereto (each individually, a “Purchaser” and together, the “Purchasers” and, together with the Company, the “Parties”). Capitalized terms used but not defined herein shall have the meanings given to them in the Facility Agreement (as defined below).
ContractRegistration Rights Agreement • June 8th, 2010 • Arena Pharmaceuticals Inc • Pharmaceutical preparations • New York
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF OR OTHERWISE ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAW, AND MAY NOT BE SOLD, TRANSFERRED, ASSIGNED, PLEDGED, HYPOTHECATED OR OTHERWISE DISPOSED OF OR EXERCISED UNLESS (I) A REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS SHALL HAVE BECOME EFFECTIVE WITH REGARD THERETO, OR (II) AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS IS AVAILABLE IN CONNECTION WITH SUCH OFFER, SALE OR TRANSFER.
