AMENDMENT TO PREFERRED STOCK RIGHTS AGREEMENT BETWEEN PAIN THERAPEUTICS, INC. AND MELLON INVESTOR SERVICES LLCPreferred Stock Rights Agreement • September 27th, 2006 • Pain Therapeutics Inc • Pharmaceutical preparations • Delaware
THIS AMENDMENT TO PREFERRED STOCK RIGHTS AGREEMENT (the “Amendment”) is made this 27th day of September 2006, by and between PAIN THERAPEUTICS, INC., a Delaware corporation (the “Company”), and MELLON INVESTOR SERVICES LLC (the “Rights Agent”) to amend the Preferred Stock Rights Agreement, dated April 28, 2005, by and between the Company and the Rights Agent (the “Rights Agreement”).
AGREEMENTAgreement • September 27th, 2006 • Pain Therapeutics Inc • Pharmaceutical preparations • Delaware
This Agreement (this “Agreement”) is entered into effective as of September 27, 2006, by and among Eastbourne Capital Management, L.L.C. (“ECM”), Black Bear Offshore Master Fund, L.P., a Cayman Islands limited partnership (“BBOM”), Black Bear Fund I, L.P., a California limited partnership (“BB I”), and Black Bear Fund II, L.L.C., a California limited liability company (“BB II,” and together with ECM, BBOM, and BB I, “Eastbourne”) and Pain Therapeutics, Inc., a Delaware corporation (the “Company”). Capitalized terms not defined herein will have the meaning given in the Preferred Stock Rights Agreement, dated as of April 28, 2005, by and between the Company and Mellon Investor Services LLC (the “Rights Agreement”).
