ContractSecurity Purchase Agreement • March 3rd, 2005 • Emisphere Technologies Inc • Pharmaceutical preparations • New York
Contract Type FiledMarch 3rd, 2005 Company Industry JurisdictionTHIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”), OR ANY STATE SECURITIES LAWS. THIS NOTE HAS BEEN ACQUIRED FOR INVESTMENT ONLY AND MAY NOT BE OFFERED, SOLD, TRANSFERRED OR ASSIGNED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT UNDER THE 1933 ACT EXCEPT UNDER A VALID EXEMPTION FROM REGISTRATION UNDER THE ACT AND DELIVERY TO THE COMPANY OF AN OPINION OF COUNSEL REASONABLY SATISFACTORY IN FORM, SCOPE AND SUBSTANCE TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED. THIS NOTE IS ISSUED UNDER AND SUBJECT TO THE TERMS OF THE SECURITY PURCHASE AGREEMENT, DATED AS OF DECEMBER 27, 2004 (THE “PURCHASE AGREEMENT”), BETWEEN THE COMPANY AND THE HOLDER, AS AMENDED FROM TIME TO TIME. THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS PROVIDED IN THE PURCHASE AGREEMENT.
ContractSecurity Purchase Agreement • February 1st, 2005 • Emisphere Technologies Inc • Pharmaceutical preparations • New York
Contract Type FiledFebruary 1st, 2005 Company Industry JurisdictionTHIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”), OR ANY STATE SECURITIES LAWS. THIS NOTE HAS BEEN ACQUIRED FOR INVESTMENT ONLY AND MAY NOT BE OFFERED, SOLD, TRANSFERRED OR ASSIGNED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT UNDER THE 1933 ACT EXCEPT UNDER A VALID EXEMPTION FROM REGISTRATION UNDER THE ACT AND DELIVERY TO THE COMPANY OF AN OPINION OF COUNSEL REASONABLY SATISFACTORY IN FORM, SCOPE AND SUBSTANCE TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED. THIS NOTE IS ISSUED UNDER AND SUBJECT TO THE TERMS OF THE SECURITY PURCHASE AGREEMENT, DATED AS OF DECEMBER 27, 2004 (THE “PURCHASE AGREEMENT”), BETWEEN THE COMPANY AND THE HOLDER, AS AMENDED FROM TIME TO TIME. THIS NOTE MAY NOT BE TRANSFERRED EXCEPT AS PROVIDED IN THE PURCHASE AGREEMENT.