0001206774-07-001692 Sample Contracts

AVIGEN, INC., ISSUER AND [TRUSTEE], TRUSTEE INDENTURE DATED AS OF [__], 200__ _______________________ SENIOR DEBT SECURITIES
Indenture • June 28th, 2007 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York

WHEREAS, for its lawful corporate purposes, the Company has duly authorized the execution and delivery of this Indenture to provide for the issuance of debt securities (hereinafter referred to as the “Securities”), in an unlimited aggregate principal amount to be issued from time to time in one or more series as in this Indenture provided, as registered Securities without coupons, to be authenticated by the certificate of the Trustee;

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AVIGEN, INC. and ________, AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF _______
Common Stock Warrant Agreement • June 28th, 2007 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York

COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as __________ of between AVIGEN, INC., a Delaware corporation (the “Company”) and __________, a [corporation] [national banking association] organized and existing under the laws of __________ and having a corporate trust office in __________, as warrant agent (the “Warrant Agent”).

AVIGEN, INC. and ________, AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF _______
Preferred Stock Warrant Agreement • June 28th, 2007 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York

PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of __________ between AVIGEN, INC., a Delaware corporation (the “Company”) and __________, a [corporation] [national banking association] organized and existing under the laws of __________ and having a corporate trust office in ___________, as warrant agent (the “Warrant Agent”).

AVIGEN, INC. and ________, AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF _______
Securities Warrant Agreement • June 28th, 2007 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York

DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of __________ between AVIGEN, INC., a Delaware corporation (the “Company”) and __________, a [corporation] [national banking association] organized and existing under the laws of __________ and having a corporate trust office in __________, as warrant agent (the “Warrant Agent”).

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