FLAMEL TECHNOLOGIES S.A. (a corporation (société anonyme) organized under the laws of the Republic of France) [3,800,000] Ordinary Shares in the form of American Depositary Shares SUBSCRIPTION AND PURCHASE AGREEMENTSubscription and Purchase Agreement • October 2nd, 2003 • Flamel Technologies Sa • Pharmaceutical preparations • New York
undersigned or with respect to which the undersigned has or hereafter acquires the power of disposition, or file, or cause to be filed, any registration statement under the Securities Act of 1933, as amended, with respect to any of the foregoing (collectively, the “Lock-Up Securities”) or (ii) enter into any swap or any other agreement or any transaction that transfers, in whole or in part, directly or indirectly, the economic consequence of ownership of the Lock-Up Securities, whether any such swap or transaction is to be settled by delivery of Ordinary Shares or ADSs or other securities, in cash or otherwise.
