SECOND AMENDMENT TO THE PREFERRED STOCK RIGHTS AGREEMENTPreferred Stock Rights Agreement • June 28th, 2006 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances
Contract Type FiledJune 28th, 2006 Company IndustryTHIS SECOND AMENDMENT TO THE PREFERRED STOCK RIGHTS AGREEMENT (this “Second Amendment”), dated as of June 23, 2006, by and between ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and U.S. Stock Transfer Corporation, as rights agent (the “Rights Agent”), amends that certain Preferred Stock Rights Agreement, dated as of December 31, 2001, by and between the Company and Mellon Investor Services LLC, as the predecessor rights agent (“Mellon”), as amended by that certain Amendment to the Preferred Stock Rights Agreement, dated as of November 18, 2002, by and between the Company and Mellon (together, the “Rights Agreement”).