Canaccord Capital Corporation Suite 2200, 609 Granville Street Vancouver, BC V7Y 1H2 Dear Sirs: Re: Underwriting Agreement dated November 21, 2006 between MIGENIX Inc. and Canaccord Capital Corporation (the “Underwriting Agreement”) We confirm that...
December 1, 2006
Canaccord Capital Corporation
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Dear Sirs:
Re: Underwriting Agreement dated November 21, 2006 between MIGENIX Inc. and Canaccord Capital Corporation (the “Underwriting Agreement”)
We confirm that the definition of “Closing Date” in the Underwriting Agreement is amended to be as follows:
“Closing Date” means December 6, 2006 or such other date as the Corporation and the Underwriter may agree upon in writing.
Additionally, we confirm that the second sentence of the opening paragraph on page one of the Underwriting Agreement is amended to be as follows:
Each whole Warrant will entitle the holder to purchase one Common Share at a price of $0.80 per share for a period of 60 months from the Closing Date.
In all other respects the Underwriting Agreement remains in full force and effect, unamended and unmodified.
Please sign and return a copy of this letter signifying your agreement to the foregoing.
Yours truly,
Per: /s/_________________________
Xxxxxx X. Xxxxx
Chief Financial Officer
& Senior Vice President, Finance
Confirmed and agreed to this ____ day of December, 2006. |
CANACCORD CAPITAL CORPORATION Name: Title: |
