0000950124-07-004837 Sample Contracts

TOMOTHERAPY INCORPORATED (a Wisconsin corporation) Shares of Common Stock PURCHASE AGREEMENT
Purchase Agreement • September 21st, 2007 • TomoTherapy Inc • Electromedical & electrotherapeutic apparatus • New York
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AMENDMENT AND WAIVER AGREEMENT
Amendment and Waiver Agreement • September 21st, 2007 • TomoTherapy Inc • Electromedical & electrotherapeutic apparatus • Wisconsin

This Amendment and Waiver Agreement (this “Agreement”) is made and entered into effective as of September 20, 2007, by and among TomoTherapy Incorporated, a Wisconsin corporation (the “Company”), and the undersigned Persons and entities listed on Exhibit A hereto (the “Investors”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Investment Agreement (as defined below).

AMENDMENT TO LICENSE AGREEMENT 98-0228
License Agreement • September 21st, 2007 • TomoTherapy Inc • Electromedical & electrotherapeutic apparatus

This Amendment is made effective as of the 16th day of April, 2007, by and between Wisconsin Alumni Research Foundation (“WARF”), a nonstock, nonprofit Wisconsin corporation, and TomoTherapy Incorporated (“TomoTherapy”), a corporation organized and existing under the laws of Wisconsin.

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