0001193125-04-201726 Sample Contracts

CATALYTICA ENERGY SYSTEMS, INC. and MELLON INVESTOR SERVICES LLC AMENDED AND RESTATED PREFERRED STOCK RIGHTS AGREEMENT Dated as of November 22, 2004
Preferred Stock Rights Agreement • November 22nd, 2004 • Catalytica Energy Systems Inc • Engines & turbines • New York

This Amended and Restated Preferred Stock Rights Agreement, dated as of November 22, 2004, amends, restates, supercedes and replaces in its entirety the Preferred Stock Rights Agreement dated as of January 29, 2002, between Catalytica Energy Systems, Inc., a Delaware corporation, and Mellon Investor Services LLC, a New Jersey limited liability company (the “Original Rights Agreement”).

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