0000950135-08-002659 Sample Contracts

AMENDMENT NO. 3 TO RIGHTS AGREEMENT
Rights Agreement • April 23rd, 2008 • Penwest Pharmaceuticals Co • Pharmaceutical preparations • New York

This AMENDMENT NO. 3 TO RIGHTS AGREEMENT (the “Amendment”) is entered into as of April 18, 2008, between Penwest Pharmaceuticals Co., a Washington corporation (the “Company”), and Mellon Investor Services LLC, a New Jersey limited liability company, as Rights Agent (the “Rights Agent”). Capitalized terms not otherwise defined herein shall have the meanings given them in the Rights Agreement dated as of July 27, 1998, as amended by Amendment No. 1 and Amendment No. 2 thereto (the “Rights Agreement”), between the parties hereto.

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