0001193125-11-076920 Sample Contracts

AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • March 25th, 2011 • Ampio Pharmaceuticals, Inc. • Pharmaceutical preparations • Colorado

This Amendment, dated as of March 22, 2011 (this “Amendment”), to the Agreement and Plan of Merger, dated as of September 3, 2010 (the “Merger Agreement”), by and among DMI BioSciences, Inc., a Colorado corporation (the “Company”), Ampio Pharmaceuticals, Inc., a Delaware corporation (“Parent”), Ampio Acquisition, Inc., a Colorado corporation and wholly-owned subsidiary of Parent (the “Merger Subsidiary”); and the Company’s Control Shareholders.

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