0000950123-09-072540 Sample Contracts

THIRD AMENDMENT TO PROMISSORY NOTE
Promissory Note • December 22nd, 2009 • Via Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • California

THIS THIRD AMENDMENT TO PROMISSORY NOTE (this “Amendment”) is made and entered as of December 22, 2009, by and between VIA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Bay City Capital Fund IV Co-Investment Fund, L.P., or its registered assigns (the “Holder”).

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THIRD AMENDMENT TO PROMISSORY NOTE
Promissory Note • December 22nd, 2009 • Via Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • California

THIS THIRD AMENDMENT TO PROMISSORY NOTE (this “Amendment”) is made and entered as of December 22, 2009, by and between VIA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Bay City Capital Fund IV, L.P., or its registered assigns (the “Holder”).

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