0001104659-10-029856 Sample Contracts

At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • May 20th, 2010 • ARYx Therapeutics, Inc. • Pharmaceutical preparations • New York

ARYx Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with McNicoll, Lewis & Vlak LLC, a Delaware limited liability company (“MLV”), and Wm Smith & Co., a Colorado corporation (“Wm Smith” and, together with MLV, the “Agents”), as follows:

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