0001104659-02-004627 Sample Contracts

FIRST AMENDMENT TO STRUCTURED EQUITY LINE FLEXIBLE FINANCING AGREEMENT DATED OCTOBER 1, 2001
Structured Equity Line Flexible Financing Agreement • September 20th, 2002 • Cygnus Inc /De/ • Pharmaceutical preparations • New York

This First Amendment to Structured Equity Line Flexible Financing Agreement (this “Amendment”) is dated as of September [17], 2002, between Cygnus, Inc., a Delaware corporation (the “Company”), and Cripple Creek Securities, LLC (“Cripple Creek”) and is made with reference to that certain Structured Equity Line Flexible Financing Agreement dated as of October 1, 2001 (the “Agreement”) between the Company and Cripple Creek. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Agreement.

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SECOND AMENDMENT TO
8.5% Convertible Debentures • September 20th, 2002 • Cygnus Inc /De/ • Pharmaceutical preparations • New York

This Second Amendment to 8.5% Convertible Debentures Due June 29, 2004 (this “Amendment”) is dated September 17, 2002, by and among Cygnus Inc., a Delaware corporation (the “Company”), and each Holder, as defined below, and is made with reference to those certain Series of 8.5% Convertible Debentures Due June 29, 2004, as Amended (the “Amended Debentures”), between the Company and each holder named therein (together with any assignees of such holders, the “Holders”). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Amended Debentures.

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