0001193125-07-183952 Sample Contracts

KOSAN BIOSCIENCES INCORPORATED and , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF
Common Stock Warrant Agreement • August 15th, 2007 • Kosan Biosciences Inc • Services-commercial physical & biological research • New York

COMMON STOCK WARRANT AGREEMENT (this “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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