0001144204-05-031391 Sample Contracts

FORM OF INDENTURE TO BE ENTERED INTO DISCOVERY LABORATORIES, INC. and THE BANK OF NEW YORK as Trustee INDENTURE Dated as of , 2005 Senior Debt Securities
Indenture • October 11th, 2005 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances) • New York

INDENTURE, dated as of , 2005 between Discovery Laboratories, Inc., a Delaware corporation (the “Company”), and The Bank of New York, a New York banking corporation (the “Trustee”).

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