0001193125-08-205880 Sample Contracts

AKESIS PHARMACEUTICALS, INC. WARRANT TO PURCHASE CAPITAL STOCK
Warrant Agreement • October 3rd, 2008 • Akesis Pharmaceuticals, Inc. • Pharmaceutical preparations • California

This Warrant to Purchase Capital Stock (this “Warrant”) has been issued pursuant to that certain Note and Warrant Purchase Agreement, dated as of September 29, 2008 (the “Agreement”), by and between the Company and Holder. Pursuant to the Agreement, the Company also issued to Holder a Convertible Promissory Note, dated as of even date herewith (the “Note”), for the aggregate principal amount of $[•] (the “Original Holder Principal Amount”).

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AKESIS PHARMACEUTICALS, INC. NOTE AND WARRANT PURCHASE AGREEMENT
Note and Warrant Purchase Agreement • October 3rd, 2008 • Akesis Pharmaceuticals, Inc. • Pharmaceutical preparations • California

THIS NOTE AND WARRANT PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of September 29, 2008 (the “Effective Date”) by and between Akesis Pharmaceuticals, Inc., a Nevada corporation (the “Company”), and Avalon Ventures VII, L.P. (the “Purchaser”).

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