0001193125-04-157055 Sample Contracts

LEASE [University Center/Salmedix]
Lease • September 15th, 2004 • Salmedix Inc • Pharmaceutical preparations

THIS LEASE (“Lease”) is dated for reference purposes only September 14, 2004, by and between UNIVERSITY CENTER EAST LLC, a California limited liability company (“Landlord”), and SALMEDIX, INC., a Delaware corporation (“Tenant”).

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Amendment to Loan and Security Agreement
Loan and Security Agreement • September 15th, 2004 • Salmedix Inc • Pharmaceutical preparations

THIS AMENDMENT TO LOAN AGREEMENT is entered into between SILICON VALLEY BANK (“Bank”) and the borrower named above (the “Borrower”). The Parties agree to amend the Loan and Security Agreement between them, dated June 23, 2003, as amended or otherwise modified from time to time (the “Loan Agreement”), as follows, effective as of the date hereof. (Capitalized terms used but not defined in this Amendment, shall have the meanings set forth in the Loan Agreement.)

WARRANT TO PURCHASE STOCK
Warrant to Purchase Stock • September 15th, 2004 • Salmedix Inc • Pharmaceutical preparations • California

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED WITHOUT AN EFFECTIVE REGISTRATION THEREOFUNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.

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