AMENDMENT TO RIGHTS AGREEMENTRights Agreement • July 22nd, 2011 • Allos Therapeutics Inc • Pharmaceutical preparations • New York
THIS AMENDMENT (the "Amendment"), dated as of the 19th day of July, 2011, to the Rights Agreement (the "Rights Agreement"), dated May 6, 2003, as amended on March 4, 2005, January 29, 2007 and July 17, 2009, between ALLOS THERAPEUTICS, INC., a Delaware corporation (the "Company"), and MELLON INVESTOR SERVICES LLC (the "Rights Agent"), is being executed at the direction of the Company and shall be effective immediately prior to the Company's entry into that certain Agreement and Plan of Merger and Reorganization (as it may be amended from time to time, the "Merger Agreement") to be entered into by and among the Company, AMAG Pharmaceuticals, Inc., a Delaware corporation ("Parent"), and Alamo Acquisition Sub, Inc., a Delaware corporation and wholly-owned subsidiary of Parent; provided, however, if (i) the Merger Agreement is not executed as of even date herewith, or (ii) the Merger Agreement terminates or is terminated in accordance with the terms thereof prior to the Effective Time (as
