0000318771-04-000002 Sample Contracts

AMENDED AND RESTATED BACKUP FACILITY AGREEMENT
Backup Facility Agreement • March 2nd, 2004 • Genentech Inc • Pharmaceutical preparations • New York

AMENDED AND RESTATED BACKUP FACILITY AGREEMENT dated as of November 6, 2003, 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 and as Agent Bank (the "Agent"), UNION BANK OF CALIFORNIA, N.A., as Collateral Agent, VACAVILLE REAL ESTATE TRUST 2001 ("Lessor"), and GENENTECH, INC. ("Lessee" and "Guarantor").

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