THIS WARRANT, THE SHARES OF PREFERRED STOCK ISSUABLE UPON ITS EXERCISE AND THE SHARES OF COMMON STOCK ISSUABLE UPON CONVERSION OF SUCH PREFERRED STOCK ARE SUBJECT TO THE RESTRICTIONS ON TRANSFER SET FORTH IN SECTION 4 OF THIS WARRANTPreferred Stock Purchase Warrant • April 6th, 2004 • Nuvelo Inc • In vitro & in vivo diagnostic substances • Massachusetts
Contract Type FiledApril 6th, 2004 Company Industry JurisdictionVariagenics, Inc., a Delaware corporation (the “Company”), for value received, hereby certifies that Sprout Venture Capital, L.P. or its registered assigns (the “Registered Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at any time or from time to time on or after the date of issuance and on or before July 30, 2004 at not later than 5:00 p.m. (Boston, Massachusetts time), Thirty-Eight Thousand Five Hundred Seventeen (38,517) shares of Series E Convertible Preferred Stock, $.01 par value per share, of the Company (“Series E Preferred Stock”), at a purchase price of $3.25 per share. The shares purchasable upon exercise of this Warrant, and the purchase price per share, each as adjusted from time to time pursuant to the provisions of this Warrant, are hereinafter referred to as the “Warrant Shares” and the “Purchase Price,” respectively.