0000318771-03-000002 Sample Contracts

AMENDED AND RESTATED BACKUP FACILITY AGREEMENT AND AMENDMENT TO OTHER OPERATIVE AGREEMENTS
Backup Facility Agreement • February 14th, 2003 • Genentech Inc • Pharmaceutical preparations • New York

AMENDED AND RESTATED BACKUP FACILITY AGREEMENT dated as of November 7, 2002, among DNA FINANCE CORP. (the "Borrower"), the BANKS party hereto (the "Banks"), the INVESTORS party hereto (the "Investors"), JP MORGAN CHASE BANK (formerly known as The Chase Manhattan Bank), as CP Administrative Agent, as Collateral Agent, and as Agent Bank (the "Agent"), VACAVILLE REAL ESTATE TRUST 2001 ("Lessor"), and GENENTECH, INC. ("Lessee" and "Guarantor").

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