Disclosure Of Agency Relationship Sample Contracts

Barclays Bank PLC 5 the North Colonnade Canary Wharf, London E14 4BB Facsimile: +44(20)77736461 Telephone: +44 (20) 777 36810 C/O Barclays Capital Inc. As Agent for Barclays Bank PLC 745 Seventh Ave New York, NY 10019 Telephone: +1 212 412 4000 DATE: September 5, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Barclays Capital Inc. As Agent for Barclays Bank PLC TELEPHONE: SUBJECT: Additional Issuer Warrant Transaction (September 10th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Barclays Bank PLC (Dealer), through its agent Barclays Capital Inc. (the Agent), and Cubist Pharmaceuticals, Inc. (Issuer). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Barclays Bank PLC is not a member of the Securities Investor Protection Corporation (SIPC). Barclays is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 DATE: September 5, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 SUBJECT: Additional Issuer Warrant Transaction (September 10th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. International plc (Dealer) and Cubist Pharmaceuticals, Inc. (Issuer). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Barclays Bank PLC 5 the North Colonnade Canary Wharf, London E14 4BB Facsimile: +44(20)77736461 Telephone: +44 (20) 777 36810 C/O Barclays Capital Inc. As Agent for Barclays Bank PLC 745 Seventh Ave New York, NY 10019 Telephone: +1 212 412 4000 DATE: September 5, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Barclays Capital Inc. As Agent for Barclays Bank PLC TELEPHONE: SUBJECT: Additional Convertible Bond Hedge Transaction (September 10th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Barclays Bank PLC (Dealer), through its agent Barclays Capital Inc. (the Agent), and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Barclays Bank PLC is not a member of the Securities Investor Protection Corporation (SIPC). Barclays is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

DATE: September 5, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: RBC Capital Markets, LLC as Agent for Royal Bank of Canada TELEPHONE: FACSIMILE: SUBJECT: Additional Convertible Bond Hedge Transaction REFERENCE NUMBER(S): CBST-A2-C1_C40 (September 10th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Royal Bank of Canada (Dealer) and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Disclosure of Agency Relationship (September 10th, 2013)

This Confirmation evidences a complete and binding agreement between Dealer and Issuer as to the terms of the Transaction to which this Confirmation relates. This Confirmation shall be subject to an agreement (the Agreement) in the

Barclays Bank PLC 5 the North Colonnade Canary Wharf, London E14 4BB Facsimile: +44(20)77736461 Telephone: +44 (20) 777 36810 C/O Barclays Capital Inc. As Agent for Barclays Bank PLC 745 Seventh Ave New York, NY 10019 Telephone: +1 212 412 4000 DATE: September 5, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Barclays Capital Inc. As Agent for Barclays Bank PLC TELEPHONE: SUBJECT: Additional Issuer Warrant Transaction (September 10th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Barclays Bank PLC (Dealer), through its agent Barclays Capital Inc. (the Agent), and Cubist Pharmaceuticals, Inc. (Issuer). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Barclays Bank PLC is not a member of the Securities Investor Protection Corporation (SIPC). Barclays is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 DATE: September 5, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 SUBJECT: Additional Issuer Warrant Transaction (September 10th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. International plc (Dealer) and Cubist Pharmaceuticals, Inc. (Issuer). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Disclosure of Agency Relationship (September 10th, 2013)

This Confirmation evidences a complete and binding agreement between Dealer and Issuer as to the terms of the Transaction to which this Confirmation relates. This Confirmation shall be subject to an agreement (the Agreement) in the

Barclays Bank PLC 5 the North Colonnade Canary Wharf, London E14 4BB Facsimile: +44(20)77736461 Telephone: +44 (20) 777 36810 C/O Barclays Capital Inc. As Agent for Barclays Bank PLC 745 Seventh Ave New York, NY 10019 Telephone: +1 212 412 4000 DATE: September 5, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Barclays Capital Inc. As Agent for Barclays Bank PLC TELEPHONE: SUBJECT: Additional Convertible Bond Hedge Transaction (September 10th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Barclays Bank PLC (Dealer), through its agent Barclays Capital Inc. (the Agent), and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Barclays Bank PLC is not a member of the Securities Investor Protection Corporation (SIPC). Barclays is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 DATE: September 5, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 SUBJECT: Additional Convertible Bond Hedge Transaction (September 10th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. International plc (Dealer) and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

DATE: September 5, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: RBC Capital Markets, LLC as Agent for Royal Bank of Canada TELEPHONE: FACSIMILE: SUBJECT: Additional Issuer Warrant Transaction REFERENCE NUMBER(S): CBST-E1-C1_C80 (September 10th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Royal Bank of Canada (Dealer) and Cubist Pharmaceuticals, Inc. (Issuer). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 DATE: September 5, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 SUBJECT: Additional Convertible Bond Hedge Transaction (September 10th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. International plc (Dealer) and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

DATE: September 5, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: RBC Capital Markets, LLC as Agent for Royal Bank of Canada TELEPHONE: FACSIMILE: SUBJECT: Additional Convertible Bond Hedge Transaction REFERENCE NUMBER(S): CBST-A1-C1_C40 (September 10th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Royal Bank of Canada (Dealer) and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Disclosure of Agency Relationship (September 5th, 2013)

This Confirmation evidences a complete and binding agreement between Dealer and Issuer as to the terms of the Transaction to which this Confirmation relates. This Confirmation shall be subject to an agreement (the Agreement) in the

DATE: September 4, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: RBC Capital Markets, LLC as Agent for Royal Bank of Canada TELEPHONE: FACSIMILE: SUBJECT: Base Issuer Warrant Transaction REFERENCE NUMBER(S): CBST-E1-C1_C80 (September 5th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Royal Bank of Canada (Dealer) and Cubist Pharmaceuticals, Inc. (Issuer). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 (September 5th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. International plc (Dealer) and Cubist Pharmaceuticals, Inc. (Issuer). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 DATE: September 4, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 SUBJECT: Base Issuer Warrant Transaction (September 5th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. International plc (Dealer) and Cubist Pharmaceuticals, Inc. (Issuer). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 DATE: September 4, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 SUBJECT: Base Convertible Bond Hedge Transaction (September 5th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. International plc (Dealer) and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Barclays Bank PLC 5 the North Colonnade Canary Wharf, London E14 4BB Facsimile: +44(20)77736461 Telephone: +44 (20) 777 36810 C/O Barclays Capital Inc. As Agent for Barclays Bank PLC 745 Seventh Ave New York, NY 10019 Telephone: +1 212 412 4000 (September 5th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Barclays Bank PLC (Dealer), through its agent Barclays Capital Inc. (the Agent), and Cubist Pharmaceuticals, Inc. (Issuer). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Barclays Bank PLC is not a member of the Securities Investor Protection Corporation (SIPC). Barclays is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Barclays Bank PLC 5 the North Colonnade Canary Wharf, London E14 4BB Facsimile: +44(20)77736461 Telephone: +44 (20) 777 36810 C/O Barclays Capital Inc. As Agent for Barclays Bank PLC 745 Seventh Ave New York, NY 10019 Telephone: +1 212 412 4000 DATE: September 4, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Barclays Capital Inc. As Agent for Barclays Bank PLC TELEPHONE: SUBJECT: Base Convertible Bond Hedge Transaction (September 5th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Barclays Bank PLC (Dealer), through its agent Barclays Capital Inc. (the Agent), and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Barclays Bank PLC is not a member of the Securities Investor Protection Corporation (SIPC). Barclays is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Barclays Bank PLC 5 the North Colonnade Canary Wharf, London E14 4BB Facsimile: +44(20)77736461 Telephone: +44 (20) 777 36810 C/O Barclays Capital Inc. As Agent for Barclays Bank PLC 745 Seventh Ave New York, NY 10019 Telephone: +1 212 412 4000 DATE: September 4, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Barclays Capital Inc. As Agent for Barclays Bank PLC TELEPHONE: SUBJECT: Base Convertible Bond Hedge Transaction (September 5th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Barclays Bank PLC (Dealer), through its agent Barclays Capital Inc. (the Agent), and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Barclays Bank PLC is not a member of the Securities Investor Protection Corporation (SIPC). Barclays is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Disclosure of Agency Relationship (September 5th, 2013)

This Confirmation evidences a complete and binding agreement between Dealer and Issuer as to the terms of the Transaction to which this Confirmation relates. This Confirmation shall be subject to an agreement (the Agreement) in the

Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 DATE: September 4, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Morgan Stanley & Co. International Plc C/O Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 SUBJECT: Base Convertible Bond Hedge Transaction (September 5th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. International plc (Dealer) and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Barclays Bank PLC 5 the North Colonnade Canary Wharf, London E14 4BB Facsimile: +44(20)77736461 Telephone: +44 (20) 777 36810 C/O Barclays Capital Inc. As Agent for Barclays Bank PLC 745 Seventh Ave New York, NY 10019 Telephone: +1 212 412 4000 DATE: September 4, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: Barclays Capital Inc. As Agent for Barclays Bank PLC TELEPHONE: SUBJECT: Base Issuer Warrant Transaction (September 5th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Barclays Bank PLC (Dealer), through its agent Barclays Capital Inc. (the Agent), and Cubist Pharmaceuticals, Inc. (Issuer). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Barclays Bank PLC is not a member of the Securities Investor Protection Corporation (SIPC). Barclays is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

DATE: September 4, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: RBC Capital Markets, LLC as Agent for Royal Bank of Canada TELEPHONE: FACSIMILE: SUBJECT: Base Convertible Bond Hedge Transaction REFERENCE NUMBER(S): CBST-A1-C1_C40 (September 5th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Royal Bank of Canada (Dealer) and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

DATE: September 4, 2013 TO: Cubist Pharmaceuticals, Inc. 65 Hayden Avenue Lexington, Massachusetts 02421 ATTENTION: General Counsel TELEPHONE: FACSIMILE: FROM: RBC Capital Markets, LLC as Agent for Royal Bank of Canada TELEPHONE: FACSIMILE: SUBJECT: Base Convertible Bond Hedge Transaction REFERENCE NUMBER(S): CBST-A2-C1_C40 (September 5th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Royal Bank of Canada (Dealer) and Cubist Pharmaceuticals, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

DATE: June 14, 2013 TO: Janus Capital Group Inc. ATTENTION: David Grawemeyer TELEPHONE: FROM: RBC Capital Markets, LLC as Agent for Royal Bank of Canada TELEPHONE: FACSIMILE: SUBJECT: Issuer Warrant Transaction REFERENCE NUMBER(S): JNS-E2-C1 (June 20th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Royal Bank of Canada (Dealer) and Janus Capital Group Inc. (Issuer). The additional terms of the Transaction are as set forth in the Trade Notification in the form of Schedule A hereto (the Trade Notification), which shall reference this Confirmation and supplement, form a part of, and be subject to this Confirmation. This communication, as supplemented by the Trade Notification, constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

DATE: June 14, 2013 TO: Janus Capital Group Inc. ATTENTION: David Grawemeyer TELEPHONE: FROM: RBC Capital Markets, LLC as Agent for Royal Bank of Canada TELEPHONE: FACSIMILE: SUBJECT: Convertible Bond Hedge Transaction REFERENCE NUMBER(S): JNS-A1-C1 (June 20th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Royal Bank of Canada (Dealer) and Janus Capital Group Inc. (Counterparty). The additional terms of the Transaction are as set forth in the Trade Notification in the form of Schedule A hereto (the Trade Notification), which shall reference this Confirmation and supplement, form a part of, and be subject to this Confirmation. This communication, as supplemented by the Trade Notification, constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Auxilium Pharmaceuticals, Inc. – Date: January 24, 2013 To: Auxilium Pharmaceuticals, Inc. 640 Lee Road Chesterbrook, PA 19087 Attention: Jim Fickenscher, Chief Financial Officer Telephone No.: Facsimile No.: Email: [email protected] From: RBC Capital Markets, LLC as Agent for Royal Bank of Canada Telephone No.: (212) 858 7000 Fascimile No.: (212) 428 3053 Re: Base Warrants (January 29th, 2013)

The purpose of this letter agreement (this Confirmation) is to confirm the terms and conditions of the Warrants issued by Auxilium Pharmaceuticals, Inc. (Company) to Royal Bank of Canada (Dealer) as of the Trade Date specified below (the Transaction). This letter agreement constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

Auxilium Pharmaceuticals, Inc. – Date: January 24, 2013 To: Auxilium Pharmaceuticals, Inc. 640 Lee Road Chesterbrook, PA 19087 Attention: Jim Fickenscher, Chief Financial Officer Telephone No.: Facsimile No.: Email: [email protected] From: RBC Capital Markets, LLC as Agent for Royal Bank of Canada Telephone No.: (212) 858 7000 Fascimile No.: (212) 428 3053 Re: Base Call Option Transaction (January 29th, 2013)

The purpose of this letter agreement (this Confirmation) is to confirm the terms and conditions of the call option transaction entered into between Royal Bank of Canada (Dealer) and Auxilium Pharmaceuticals, Inc. (Counterparty) as of the Trade Date specified below (the Transaction). This letter agreement constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

Auxilium Pharmaceuticals, Inc. – Date: January 25, 2013 To: Auxilium Pharmaceuticals, Inc. 640 Lee Road Chesterbrook, PA 19087 Attention: Jim Fickenscher, Chief Financial Officer Telephone No.: Facsimile No.: Email: [email protected] From: RBC Capital Markets, LLC as Agent for Royal Bank of Canada Telephone No.: (212) 858 7000 Fascimile No.: (212) 428 3053 Re: Additional Call Option Transaction (January 29th, 2013)

The purpose of this letter agreement (this Confirmation) is to confirm the terms and conditions of the call option transaction entered into between Royal Bank of Canada (Dealer) and Auxilium Pharmaceuticals, Inc. (Counterparty) as of the Trade Date specified below (the Transaction). This letter agreement constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

Auxilium Pharmaceuticals, Inc. – Date: January 25, 2013 To: Auxilium Pharmaceuticals, Inc. 640 Lee Road Chesterbrook, PA 19087 Attention: Jim Fickenscher, Chief Financial Officer Telephone No.: Facsimile No.: Email: [email protected] From: RBC Capital Markets, LLC as Agent for Royal Bank of Canada Telephone No.: (212) 858 7000 Fascimile No.: (212) 428 3053 Re: Additional Warrants (January 29th, 2013)

The purpose of this letter agreement (this Confirmation) is to confirm the terms and conditions of the Warrants issued by Auxilium Pharmaceuticals, Inc. (Company) to Royal Bank of Canada (Dealer) as of the Trade Date specified below (the Transaction). This letter agreement constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

Wintrust Financial Corporation – Disclosure of Agency Relationship (December 16th, 2005)

Royal Bank of Canada (RBC or the Bank) has appointed as its agent, its indirect wholly-owned subsidiary, RBC Capital Markets Corporation (RBCCM), for purposes of conducting on the Banks behalf, a business in privately negotiated transactions in options and other derivatives. You hereby are advised that RBC, the principal and stated counterparty in such transactions, duly has authorized RBCCM to market, structure, negotiate, document, price, execute and hedge transactions in over-the-counter derivative products. RBCCM has full, complete and unconditional authority to undertake such activities on behalf of RBC. RBCCM acts solely as agent and has no obligation, by way of issuance, endorsement, guarantee or otherwise with respect to the performance of either party under this transaction. This transaction is not insured or guaranteed by RBCCM.