AMENDMENT NO.1 TO COMMON STOCK PURCHASE AGREEMENT
AMENDMENT
NO.1 TO COMMON STOCK
PURCHASE
AGREEMENT
This
AMENDMENT NO. 1 TO COMMON STOCK PURCHASE AGREEMENT (this “Amendment”) is
entered into as of April 30,
2010, by and between KINGSBRIDGE CAPITAL LIMITED, an entity organized and
existing under the laws of the British Virgin Islands, whose business address is
X.X. Xxx 0000, Xxxxxxxxx Xxxxx, 0 Xxxxxx Xxxxxx, Xx. Xxxxxx, Xxxxxx, Xxxxxxx
Xxxxxxx (the “Investor”), and
MICROMET, INC., a corporation organized and existing under the laws of the State
of Delaware (the “Company”).
WHEREAS,
the Investor and the Company are parties to that certain Common Stock Purchase
Agreement dated as of December 1, 2008 (the “Agreement”);
WHEREAS,
Section 10.06 of the Agreement states that neither the Agreement nor any term
thereof may be amended, waived, discharged or terminated other than by a written
instrument signed by both parties thereto;
WHEREAS,
the Investor and the Company desire to amend the Agreement as set forth
herein.
NOW,
THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Section
8.02(c) of the Agreement is hereby deleted in its entirety and replaced with the
words "Intentionally omitted."
2. This
Amendment may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
3. Other
than as set forth in this Amendment, all of the terms and conditions of the
Agreement shall remain in full force and effect and be unaltered
hereby.
[SIGNATURE
PAGE FOLLOWS]
IN
WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed by their respective authorized officers as of the date first written
above.
KINGSBRIDGE
CAPITAL LIMITED
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By:
/S/ XXXX XXXXXX
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Name:
Xxxx Xxxxxx
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Title:
Director
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By:
/S/ XXXXXXX X. XXXXXXXX
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Name:
Xxxxxxx X. Xxxxxxxx
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Title:
SVP, CFO
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