0000950123-11-003476 Sample Contracts

AMENDMENT TO AMENDED AND RESTATED PROMISSORY NOTE
Promissory Note Amendment • January 18th, 2011 • Via Pharmaceuticals, Inc. • Biological products, (no disgnostic substances)

THIS AMENDMENT TO AMENDED AND RESTATED PROMISSORY NOTE (this “Amendment”) is entered into as of January 14, 2011 by and among BAY CITY CAPITAL FUND IV CO-INVESTMENT FUND, L.P. (“Investor”) and VIA PHARMACEUTICALS, INC., a Delaware corporation (the “Company”). Investor and the Company are sometimes referred to in this Amendment, individually, as a “Party” and, collectively, as the “Parties.”

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AMENDMENT TO AMENDED AND RESTATED PROMISSORY NOTE
Promissory Note • January 18th, 2011 • Via Pharmaceuticals, Inc. • Biological products, (no disgnostic substances)

THIS AMENDMENT TO AMENDED AND RESTATED PROMISSORY NOTE (this “Amendment”) is entered into as of January 14, 2011 by and among BAY CITY CAPITAL FUND IV, L.P. (“Investor”) and VIA PHARMACEUTICALS, INC., a Delaware corporation (the “Company”). Investor and the Company are sometimes referred to in this Amendment, individually, as a “Party” and, collectively, as the “Parties.”

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