0001193125-04-219092 Sample Contracts

KOSAN BIOSCIENCES INCORPORATED AND , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF
Common Stock Warrant Agreement • December 23rd, 2004 • Kosan Biosciences Inc • Services-commercial physical & biological research • New York

COMMON STOCK WARRANT AGREEMENT, dated as of , between KOSAN BIOSCIENCES INCORPORATED, a Delaware corporation (the “COMPANY”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “WARRANT AGENT”).

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