Amendment To The Recapitalization Agreement Sample Contracts

World Heart Corporation – Amendment No. 1 to the Recapitalization Agreement (August 6th, 2008)

This Amendment No. 1 to the Recapitalization Agreement is dated as of July 31, 2008 (this Amendment No. 1), by and among (i) World Heart Corporation (the Company), (ii) World Heart Inc. (WHI), (iii) ABIOMED, Inc. (Abiomed), (iv) Venrock Partners V, L.P., Venrock Associates V, L.P. and Venrock Entrepreneurs Fund V, L.P. (collectively, Venrock), (v) Special Situations Fund III QP, L.P., Special Situations Cayman Fund, L.P., Special Situations Private Equity Fund, L.P. and Special Situations Life Sciences Fund, L.P. (collectively, SSF) and (vi) New Leaf Ventures II, L.P. (New Leaf). Capitalized terms used herein and not otherwise defined have the meanings given them in the Recapitalization Agreement.

Amendment No. 1 to the Recapitalization Agreement (August 6th, 2008)

This Amendment No. 1 to the Recapitalization Agreement is dated as of July 31, 2008 (this Amendment No. 1), by and among (i) World Heart Corporation (the Company), (ii) World Heart Inc. (WHI), (iii) ABIOMED, Inc. (Abiomed), (iv) Venrock Partners V, L.P., Venrock Associates V, L.P. and Venrock Entrepreneurs Fund V, L.P. (collectively, Venrock), (v) Special Situations Fund III QP, L.P., Special Situations Cayman Fund, L.P., Special Situations Private Equity Fund, L.P. and Special Situations Life Sciences Fund, L.P. (collectively, SSF) and (vi) New Leaf Ventures II, L.P. (New Leaf). Capitalized terms used herein and not otherwise defined have the meanings given them in the Recapitalization Agreement.

Amendment No. 1 to the Recapitalization Agreement (June 7th, 2007)

This AMENDMENT NO.1 TO THE RECAPITALIZATION AGREEMENT (this Amendment) is made and entered into as of June 1, 2007 (the Effective Date), by and among Global Crossing Limited, a company organized under the laws of Bermuda (Global Crossing) and STT Crossing Ltd., a company organized under the laws of Mauritius (STT Crossing).

VIA Pharmaceuticals – Amendment to the Recapitalization Agreement (November 6th, 2006)

THIS AMENDMENT TO THE RECAPITALIZATION AGREEMENT (Amendment) made as of the 31st day of October, 2006, by and between CORAUTUS GENETICS INC., a Delaware corporation (the Company) and BOSTON SCIENTIFIC CORPORATION, a Delaware corporation (Exchangor).