Via Fax June 28, 2001 Cerus Corporation 2411 Stanwell Drive Concord, CA 94520 Re: Amendment to Section 4.2 of the June 30, 1998 Development --------------------------------------------------------- Agreement --------- Ladies and Gentlemen: Baxter...Development, Manufacturing and Marketing Agreement • July 3rd, 2001 • Baxter International Inc • Surgical & medical instruments & apparatus
Baxter Healthcare Corporation, a Delaware corporation ("Baxter") is a party to that certain Development, Manufacturing and Marketing Agreement with Cerus Corporation, a Delaware corporation ("Cerus"), originally dated April 1, 1996, as amended and restated June 30, 1998 (the "Agreement"). Section 4.2 of the Agreement sets forth certain "standstill" obligations on the part of Baxter and its "Affiliates" (as that term is defined in Section 2, sub-heading "Baxter"), as to Cerus equity securities.
