CONSENT, WAIVER AND AMENDMENT TO CONVERTIBLE NOTES REGISTRATION RIGHTS AGREEMENTConvertible Notes Registration Rights Agreement • May 10th, 2005 • Viropharma Inc • Pharmaceutical preparations
THIS CONSENT, WAIVER AND AMENDMENT (this “Amendment”) is made on this 6th day of May, 2005 by and among ViroPharma Incorporated, a Delaware corporation (the “Company”), and the investors who have delivered an executed counterpart signature page to this Amendment (collectively, the “Investors,” and each individually, an “Investor”). Capitalized terms used and not otherwise defined in this Amendment shall have the respective meanings ascribed to such terms in the Convertible Notes Registration Rights Agreement, dated October 18, 2004, among the Company and the other signatories thereto (the “Registration Rights Agreement”).
AMENDMENT NUMBER 1 Dated as of May 9, 2005 TO SECURITY AGREEMENT Dated as of November 9, 2004Security Agreement • May 10th, 2005 • Viropharma Inc • Pharmaceutical preparations
AMENDMENT NUMBER 1 TO SECURITY AGREEMENT (the “Amendment”), dated as of May 9, 2005, to the Security Agreement dated November 9, 2004 (as it may be amended, restated or modified hereby and from time to time, the “Security Agreement”), between ViroPharma Incorporated, a Delaware corporation (hereinafter called the “Grantor”), having its principal office at 397 Eagleview Boulevard, Exton, Pennsylvania 19341, and U.S. Bank National Association, as collateral agent thereunder (hereinafter called the “Collateral Agent”), having its principal corporate trust office at One Federal Street, 3rd Floor, Boston, Massachusetts 02110. Capitalized terms used and not otherwise defined in this Amendment shall have the respective meanings ascribed to such terms in the Security Agreement.
