AMENDED AND RESTATED AGREEMENT REGARDING JOINT FILING OF STATEMENT ON SCHEDULE 13D OR 13GAgreement Regarding • February 2nd, 2009 • Eastbourne Capital Management LLC/Ca • Pharmaceutical preparations
The undersigned agree to file jointly with the Securities and Exchange Commission (the “SEC”) any and all statements on Schedule 13D or Schedule 13G (and any amendments or supplements thereto) required under section 13(d) of the Securities Exchange Act of 1934, as amended, in connection with purchases by the undersigned of the common stock of Amylin Pharmaceuticals, Inc. or any other issuer. For that purpose, the undersigned hereby constitute and appoint Eastbourne Capital Management, L.L.C., a Delaware limited liability company, as their true and lawful agent and attorney-in-fact, with full power and authority for and on behalf of the undersigned to prepare or cause to be prepared, sign, file with the SEC and furnish to any other person all certificates, instruments, agreements and documents necessary to comply with section 13(d) and section 16(a) of the Securities Exchange Act of 1934, as amended, in connection with said purchases, and to do and perform every act necessary and proper
EXHIBIT DPersonal and Confidential • February 2nd, 2009 • Eastbourne Capital Management LLC/Ca • Pharmaceutical preparations
We hereby confirm the agreement to amend the letter agreement between GCA Savvian Advisors, LLC (“Savvian”, “we”, or “us”) and Eastbourne Capital Management L.L.C. (“Eastbourne” or “you”) dated September 24, 2008 (the “Letter Agreement”) with respect to the engagement of Savvian by Eastbourne to act as your exclusive financial advisor in connection with your ownership of the Amylin Holdings. All capitalized terms used herein and not otherwise defined shall have the respective meanings ascribed to them in the Letter Agreement.
