GUARANTYGuaranty • April 14th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
THIS GUARANTY (“Guaranty”), dated as of March 31, 2006, is made by each Guarantor named in the signature pages hereof (“Guarantor”), in favor of in favor of DURUS LIFE SCIENCES MASTER FUND LTD., a Cayman Islands Exempted Company (“Lender”).
AMENDMENT TO SETTLEMENT AGREEMENT AND MUTUAL RELEASESettlement Agreement and Mutual Release • April 14th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Delaware
This Amendment to Settlement Agreement and Mutual Release (this “Amendment”) is entered into as of March 31, 2006 by and among AKSYS, LTD., a Delaware corporation (the “Company”), DURUS LIFE SCIENCES MASTER FUND LTD., a Cayman Islands company (“Durus”), and ARTAL LONG BIOTECH PORTFOLIO LLC, a Delaware limited liability company (“Artal”). Durus and Artal are collectively referred to herein as the “Investors,” and each is individually referred to herein as an “Investor.”
SECOND AMENDMENT TO RIGHTS AGREEMENTRights Agreement • April 14th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • Delaware
THIS SECOND AMENDMENT TO RIGHTS AGREEMENT (this “Amendment”) is entered into as of March 31, 2006 by and between Aksys, Ltd., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A. (formerly EquiServe Trust Company, N.A.) (“Computershare”). Capitalized terms used herein but not otherwise defined shall have the meaning given to such terms in the Rights Agreement (defined below).
GUARANTOR SECURITY AGREEMENTGuarantor Security Agreement • April 14th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
THIS GUARANTOR SECURITY AGREEMENT (this “Agreement”), dated as of March 31, 2006, is made between each Subsidiary named in the signature pages hereof (each a “Grantor” and, collectively, the “Grantors”) and DURUS LIFE SCIENCES MASTER FUND LTD., a Cayman Islands Exempted Company (the “Secured Party”).
PATENT AND TRADEMARK SECURITY AGREEMENTPatent and Trademark Security Agreement • April 14th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
THIS PATENT AND TRADEMARK SECURITY AGREEMENT (this “Agreement”), dated as of March 31, 2006, is made between AKSYS, LTD., a Delaware corporation (“Debtor”), and DURUS LIFE SCIENCES MASTER FUND LTD., a Cayman Islands Exempted Company (the “Secured Party”).
SECURITY AGREEMENTSecurity Agreement • April 14th, 2006 • Aksys LTD • Electromedical & electrotherapeutic apparatus • New York
THIS SECURITY AGREEMENT (this “Agreement”), dated as of March 31, 2006, is made between AKSYS, LTD., a Delaware corporation (“Debtor”), and DURUS LIFE SCIENCES MASTER FUND LTD., a Cayman Islands Exempted Company (the “Secured Party”).
