NOTE REPURCHASE AGREEMENTNote Repurchase Agreement • February 8th, 2008 • Vaxgen Inc • Pharmaceutical preparations • New York
THIS NOTE REPURCHASE AGREEMENT (this “Agreement”) to repurchase VaxGen, Inc. 51/2% Convertible Senior Subordinated Notes Due April 1, 2010 is made as of February 4, 2008, by and between Xmark Opportunity Fund, L.P. (“Fund L.P.”) and Xmark Opportunity Fund, Ltd. (“Fund Ltd.”, and together with Fund L.P., the “Holders”), on the one hand, and VaxGen, Inc., a Delaware corporation (“Company”), on the other hand.
