0001181431-07-058441 Sample Contracts

Contract
Resignation, Appointment and Acceptance • September 21st, 2007 • Cv Therapeutics Inc • Biological products, (no disgnostic substances)

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of September 18, 2007 (“Effective Date”), is by and among CV Therapeutics, Inc., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), US Bank National Association, a national banking association duly organized and existing under the laws of the United States (the “Successor Trustee” and “Successor Escrow Agent”), and Wells Fargo Bank, National Association, a national banking association duly organized and existing under the laws of the United States (the “Resigning Trustee” and “Resigning Escrow Agent”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indentures (as defined below) as applicable.

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