0001193125-08-002449 Sample Contracts

5,000,000 Shares ELIXIR PHARMACEUTICALS, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • January 7th, 2008 • Elixir Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
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LICENSE AGREEMENT between ELIXIR PHARMACEUTICALS, INC. and BRISTOL-MYERS SQUIBB COMPANY
License Agreement • January 7th, 2008 • Elixir Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

THIS LICENSE AGREEMENT (this “Agreement”) is made and entered into as of April 25, 2005, by and between Bristol-Myers Squibb Company, a Delaware corporation headquartered at 345 Park Avenue, New York, New York 10154 (“BMS”), and Elixir Pharmaceuticals, Inc., a Delaware corporation having its principal place of business at One Kendall Square, Building 1000, Fifth Floor, Cambridge, Massachusetts 02139 (“Elixir”). BMS and Elixir are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

Binding Agreement Between Novartis and Elixir Pharmaceuticals, Inc. Regarding Rights to Ghrelin Agonists and Sirtuin Modulators September 4, 2007
Binding Agreement • January 7th, 2008 • Elixir Pharmaceuticals, Inc. • Pharmaceutical preparations

IN WITNESS of the above, the parties have caused their duly authorized representatives to execute this Agreement as of the date set forth below.

LICENSE AGREEMENT ON MITIGLINIDE BETWEEN KISSEI PHARMACEUTICAL CO LTD AND ELIXIR PHARMACEUTICALS, INC
License Agreement • January 7th, 2008 • Elixir Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

THIS LICENSE AGREEMENT (this “Agreement”) is made and entered into on the Effective Date (as defined below) by and between Kissei Pharmaceutical Co., Ltd., a corporation duly organized and existing under the laws of Japan and having its registered office at 19-48, Yoshino, Matsumoto-City, Nagano- Prefecture 399-8710, Japan (“Kissei”) and Elixir Pharmaceuticals, Inc., a corporation duly organized and existing under the laws of Delaware, USA, and having its principal place of business at One Kendall Square, Building 1000, Fifth Floor, Cambridge, Massachusetts 02139, USA (“Elixir”). Each of Kissei and Elixir is sometimes referred to herein as a “Party” and collectively, as the “Parties.”

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