0000950123-11-028637 Sample Contracts

SECOND AMENDMENT TO AMENDED AND RESTATED PROMISSORY NOTE
Promissory Note • March 24th, 2011 • Via Pharmaceuticals, Inc. • Biological products, (no disgnostic substances)

THIS SECOND AMENDMENT TO AMENDED AND RESTATED PROMISSORY NOTE (this “Amendment") is entered into as of March 24, 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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