KOSAN BIOSCIENCES INCORPORATED Common Stock PLACEMENT AGENT AGREEMENTPlacement Agent Agreement • February 9th, 2007 • Kosan Biosciences Inc • Services-commercial physical & biological research • New York
SUBSCRIPTION AGREEMENTSubscription Agreement • February 9th, 2007 • Kosan Biosciences Inc • Services-commercial physical & biological research • New York
[ ] A. DELIVERY BY ELECTRONIC BOOK-ENTRY AT THE DEPOSITORY TRUST COMPANY (“DTC”), REGISTERED IN THE INVESTOR’S NAME AND ADDRESS AS SET FORTH BELOW, AND RELEASED BY MELLON INVESTOR SERVICES LLC, THE COMPANY’S TRANSFER AGENT (THE “TRANSFER AGENT”), TO THE INVESTOR AT THE CLOSING (AS DEFINED IN SECTION 3.1 OF ANNEX I HERETO). NO LATER THAN ONE (1) BUSINESS DAY AFTER THE EXECUTION OF THIS AGREEMENT BY THE INVESTOR AND THE COMPANY, THE INVESTOR SHALL:
