TERM NOTETerm Note • April 2nd, 2009 • Avalon Pharmaceuticals Inc • Pharmaceutical preparations • New York
For Value Received, the undersigned Avalon Pharmaceuticals, Inc., a Delaware corporation (the “Seller”) promises to pay to the order of Clinical Data, Inc. (the “Buyer”), or its assigns, in lawful money of the United States of America and in immediately available funds, the principal sum of One Million Dollars ($1,000,000), together with interest thereon as set out herein, at its offices or such other place as Buyer may designate in writing or wire transfer as set forth in Section 3.2 below.
FIRST AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • April 2nd, 2009 • Avalon Pharmaceuticals Inc • Pharmaceutical preparations
This First Amendment (the “First Amendment”) to that certain Note Purchase Agreement (the “Note Purchase Agreement”), dated as of October 27, 2008, by and among Clinical Data, Inc., a Delaware corporation (“Buyer”), and Avalon Pharmaceuticals, Inc., a Delaware corporation (the “Seller”), hereby amends the Note Purchase Agreement effective as of this 30th day of March, 2009, as follows:
