AeroGen, Inc. and Mellon Investor Services LLC as Rights Agent RIGHTS AGREEMENT Dated as of June 5, 2001Rights Agreement • June 13th, 2001 • Aerogen Inc • Surgical & medical instruments & apparatus • New York
This Rights Agreement ("Agreement") dated as of June 5, 2001 between AeroGen, Inc., a Delaware corporation (the "Company"), and Mellon Investor Services LLC, a New Jersey limited liability company, as Rights Agent ("Rights Agent").
FORM OF RIGHT CERTIFICATE (Exhibit B to Rights Agreement)Rights Agreement • June 13th, 2001 • Aerogen Inc • Surgical & medical instruments & apparatus
This certifies that or registered assigns, is the registered owner of the number of Rights set forth above, each of which entitles the owner thereof, subject to the terms, provisions and conditions of the Rights Agreement, dated as of June 5, 2001 (the "Rights Agreement"), between AEROGEN, INC., a Delaware corporation (the "Company"), and MELLON INVESTOR SERVICES LLC, a New Jersey limited liability company, as Rights Agent (the "Rights Agent"), to purchase from the Company at any time after the Distribution Date (as such term is defined in the Rights Agreement) and prior to 5:00 p.m., Pacific Time, on June 26, 2011 at the office of the Rights Agent designated for such purpose, or at the office of its successor as Rights Agent, one one-hundredth of a fully paid non-assessable share of Series A Junior Participating Preferred Stock, par value $0.001 per share (the "Preferred Shares"), of the Company, at a purchase price of $60.00 per one one-hundredth of a Preferred Share (the "Purchase P
