0001047469-03-042135 Sample Contracts

MAXIM PHARMACEUTICALS, INC. and , As Warrant Agent FORM OF PREFERRED STOCK WARRANT AGREEMENT Dated As Of
Preferred Stock Warrant Agreement • December 29th, 2003 • Maxim Pharmaceuticals Inc • Medicinal chemicals & botanical products

PREFERRED STOCK WARRANT AGREEMENT, dated as of between MAXIM PHARMACEUTICALS, INC., a Delaware corporation (the "Company") and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the "Warrant Agent").

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MAXIM PHARMACEUTICALS, INC. and , As Warrant Agent FORM OF COMMON STOCK WARRANT AGREEMENT Dated As Of
Common Stock Warrant Agreement • December 29th, 2003 • Maxim Pharmaceuticals Inc • Medicinal chemicals & botanical products

COMMON STOCK WARRANT AGREEMENT, dated as of between Maxim Pharmaceuticals, Inc., a Delaware corporation (the "Company") and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the "Warrant Agent").

MAXIM PHARMACEUTICALS, INC. and , As Warrant Agent FORM OF DEPOSITARY SHARES WARRANT AGREEMENT Dated As Of
Warrant Agreement • December 29th, 2003 • Maxim Pharmaceuticals Inc • Medicinal chemicals & botanical products

DEPOSITARY SHARES WARRANT AGREEMENT, dated as of between MAXIM PHARMACEUTICALS, INC., a Delaware corporation (the "Company") and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the "Warrant Agent").

DEPOSIT AGREEMENT
Deposit Agreement • December 29th, 2003 • Maxim Pharmaceuticals Inc • Medicinal chemicals & botanical products • New York

DEPOSIT AGREEMENT, dated as of among MAXIM PHARMACEUTICALS, INC., a Delaware corporation, , a existing under the laws of the State of , as Depositary, and all holders from time to time of Receipts issued hereunder.

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