0001193125-13-112693 Sample Contracts

MANNKIND CORPORATION Common Stock (par value $0.01 per share) At-The-Market Issuance Sales Agreement
Common Stock • March 18th, 2013 • Mannkind Corp • Pharmaceutical preparations • New York

MannKind Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with MLV & Co. LLC (“MLV”), as follows:

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MANNKIND CORPORATION Common Stock (par value $0.01 per share) At-The-Market Issuance Sales Agreement
Sales Agreement • March 18th, 2013 • Mannkind Corp • Pharmaceutical preparations • New York

MannKind Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Brinson Patrick Securities Corporation (“BPSC”), as follows:

Contract
Mannkind Corp • March 18th, 2013 • Pharmaceutical preparations • New York

THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR THE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES. THE SECURITIES MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED, TRANSFERRED OR ASSIGNED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FOR THE SECURITIES UNDER APPLICABLE SECURITIES LAWS OR UNLESS OFFERED, SOLD, PLEDGED, HYPOTHECATED OR TRANSFERRED PURSUANT TO AN AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THOSE LAWS. THE COMPANY SHALL BE ENTITLED TO REQUIRE AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED TO THE EXTENT THAT AN OPINION IS REQUIRED PURSUANT TO THE AGREEMENT UNDER WHICH THE SECURITIES WERE ISSUED.

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