0001047469-13-003118 Sample Contracts

FIFTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT
Investor Rights Agreement • March 20th, 2013 • Merrimack Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Fifth Amended and Restated Investor Rights Agreement (this “Agreement”) is made as of this 6th day of April, 2011 by and among Merrimack Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the individuals and entities listed on the signature pages hereto (each, an “Investor” and collectively, the “Investors”).

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AMENDMENT TO AMENDED AND RESTATED COLLABORATION AGREEMENT
Collaboration Agreement • March 20th, 2013 • Merrimack Pharmaceuticals Inc • Pharmaceutical preparations

This AMENDMENT (the “Amendment”), dated as of January 18, 2012 (the “Amendment Date”), further amends the AMENDED AND RESTATED COLLABORATION AGREEMENT, dated January 24, 2007, as previously amended on July 31, 2008 and November 6, 2009 (the “Amended Agreement”) between DYAX CORP. (“Dyax”) and MERRIMACK PHARMACEUTICALS, INC. (“Merrimack”). Terms not otherwise defined herein shall have the respective meanings attributed to them in the Amended Agreement.

Sublease By and Between FibroGen Inc. And Silver Creek
Lease Agreement • March 20th, 2013 • Merrimack Pharmaceuticals Inc • Pharmaceutical preparations • California

This SUBLEASE (“Sublease”) is effective as of August 6, 2010 (“Effective Date”), by and between FibroGen, Inc., a Delaware Corporation (“FibroGen”), and Silver Creek (“Subtenant”).

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