0001104659-05-036898 Sample Contracts

FIRST AMENDMENT TO RIGHTS AGREEMENT
Rights Agreement • August 5th, 2005 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This FIRST AMENDMENT TO RIGHTS AGREEMENT (this “AMENDMENT”), dated as of March 3, 2000, is by and between Cubist Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Fleet National Bank f/k/a BankBoston, N.A, a national banking association organized and existing under the laws of the United States of America (the “RIGHTS AGENT”). Capitalized terms used herein without definition shall have the respective meanings ascribed to such terms in the Rights Agreement (as defined below);

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RIGHTS AGREEMENT
Rights Agreement • August 5th, 2005 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Rights Agreement (this “AGREEMENT”), dated as of July 21, 1999, is by and between Cubist Pharmaceuticals, Inc. (the “COMPANY”), a Delaware corporation, and BankBoston, N.A. (the “RIGHTS AGENT”), a national banking association.

AMENDMENT TO RIGHTS AGREEMENT
Rights Agreement • August 5th, 2005 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations
THIRD AMENDMENT TO RIGHTS AGREEMENT
Rights Agreement • August 5th, 2005 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This THIRD AMENDMENT TO RIGHTS AGREEMENT (this “AMENDMENT”), dated as of August 2, 2005, is by and between Cubist Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and EquiServe Trust Company, N.A. (f/k/a Fleet National Bank f/k/a BankBoston, N.A.) a national banking association organized and existing under the laws of the United States of America (the “RIGHTS AGENT”). Capitalized terms used herein without definition shall have the respective meanings ascribed to such terms in the Rights Agreement (as defined below);

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