0001047469-03-010902 Sample Contracts

COMMON STOCK PURCHASE AGREEMENT
Common Stock Purchase Agreement • March 28th, 2003 • Nektar Therapeutics • Pharmaceutical preparations • California

THIS COMMON STOCK PURCHASE AGREEMENT (this “Agreement”) is made as of December 6, 2002, by and between INHALE THERAPEUTIC SYSTEMS, INC., a Delaware corporation with its principal office at 150 Industrial Road, San Carlos, California 94070 (the “Company”), and AFAC EQUITY L.P. a Delaware limited partnership with its offices c/o McKinsey & Company, Inc. United States at 55 East 52nd Street, 27th Floor, New York, New York 10022 (“AFAC” or, the “Purchaser”).

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Dr. Arnold J. Repta Park City, UT 84098 Re: Letter Agreement covering Change in Control Dear Arnie,
Nektar Therapeutics • March 28th, 2003 • Pharmaceutical preparations

This will formalize our understanding in the event of an entity “Change in Control,” defined as the circumstances whereby any third part entity acquires 50% or more of the Common Stock in Inhale Therapeutic Systems, Inc.,

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