0001193125-04-136385 Sample Contracts

PURCHASE AGREEMENT August 9, 2004
Purchase Agreement • August 10th, 2004 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
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CONSENT REGARDING MARKET STANDOFF PROVISION AND WAIVER OF PLACEMENT AGENT FEES AUGUST 9, 2004
Consent Regarding • August 10th, 2004 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances

ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), Banc of America Securities LLC, Thomas Weisel Partners LLC, Lazard Frères & Co. LLC, and C.E. Unterberg, Towbin LLC are parties to Placement Agency Agreement, dated August 5, 2004 (the “Agreement”). Capitalized terms used herein shall have the meaning set forth in the Agreement.

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