2000 Uses in Certificate of Incorporation and By-laws Clause

Certificate of Incorporation and By-laws from Securities Purchase Agreement

This SECURITIES PURCHASE AGREEMENT, dated as of June 17, 2007 (this Agreement), among Invus, L.P., a Bermuda limited partnership (the Investor) and Lexicon Pharmaceuticals, Inc., a Delaware corporation (the Company).

Certificate of Incorporation and By-laws. The Company has heretofore made available to the Investor a complete and correct copy of the Certificate of Incorporation and the By-laws of the Company and of the certificates of incorporation and by-laws or equivalent organizational documents, of each Subsidiary, in each case, as amended to date. As of the date hereof, such certificates of incorporation, by-law or equivalent organizational documents of each Subsidiary are in full force and effect. The Certificate of Incorporation and By-laws of the Company are in full force and effect and, as of each Closing, the Certificate of Incorporation and the By-laws shall be in full force and effect. Neither the Company nor any Subsidiary is in violation of any of the provisions of its Certificate of Incorporation, By-laws or equivalent organizational documents, as applicable. True and complete copies of all minute books of the Company and each Subsidiary containing minutes for the period from January 1, 2005 until the date of this Agreement have been made available by the Company to the Investor.

Certificate of Incorporation and By-laws from Securities Purchase Agreement

This SECURITIES PURCHASE AGREEMENT, dated as of June 17, 2007 (this Agreement), among Invus, L.P., a Bermuda limited partnership (the Investor) and Lexicon Pharmaceuticals, Inc., a Delaware corporation (the Company).

Certificate of Incorporation and By-laws. The Company has heretofore made available to the Investor a complete and correct copy of the Certificate of Incorporation and the By-laws of the Company and of the certificates of incorporation and by-laws or equivalent organizational documents, of each Subsidiary, in each case, as amended to date. As of the date hereof, such certificates of incorporation, by-law or equivalent organizational documents of each Subsidiary are in full force and effect. The Certificate of Incorporation and By-laws of the Company are in full force and effect and, as of each Closing, the Certificate of Incorporation and the By-laws shall be in full force and effect. Neither the Company nor any Subsidiary is in violation of any of the provisions of its Certificate of Incorporation, By-laws or equivalent organizational documents, as applicable. True and complete copies of all minute books of the Company and each Subsidiary containing minutes for the period from January 1, 2005 until the date of this Agreement have been made available by the Company to the Investor.

Certificate of Incorporation and By-laws from Securities Purchase Agreement

SECURITIES PURCHASE AGREEMENT, dated as of March 23, 2005 (this Agreement), between Yucaipa Corporate Initiatives Fund I, L.P., a Delaware limited partnership (YCI), Yucaipa American Alliance Fund I, L.P., a Delaware limited partnership (YAAF), Yucaipa American Alliance (Parallel) Fund I, L.P., a Delaware limited partnership (YAAF Parallel and, together with YCI and YAAF, the Investors, The Yucaipa Companies LLC, a Delaware limited liability company (Investors Representative) (which is a party to this Agreement solely with respect to Section 6.11 hereof), and Pathmark Stores, Inc., a Delaware corporation (the Company).

Certificate of Incorporation and By-laws. The Company has heretofore made available to the Investors in the Electronic Data Room a complete and correct copy of the Certificate of Incorporation and the By-laws or equivalent organizational documents, each as amended to date, of the Company and each Subsidiary. Such Certificates of Incorporation, By-laws or equivalent organizational documents of each Subsidiary are in full force and effect. As of the date hereof, such Certificate of Incorporation and By-laws of the Company are in full force and effect and, as of the Closing, the Certificate of Incorporation and the Restated By-laws shall be in full force and effect. Neither the Company nor any Subsidiary is in violation of any of the provisions of its Certificate of Incorporation, By-laws or equivalent organizational documents. True and complete copies of all minute books of the Company and each Subsidiary containing minutes for the five-year period preceding the date of this Agreement have been made available by the Company to the Investors in the Electronic Data Room, except that minutes relating to the Boards review of strategic alternatives for the Company have been redacted.