AMENDMENT NO. 1 TO NOTE AMENDMENT AND EXCHANGE AGREEMENT Dated as of January 28, 2009Note Amendment and Exchange Agreement • February 3rd, 2009 • Oscient Pharmaceuticals Corp • Pharmaceutical preparations • New York
This Amendment No. 1 (the “Amendment”) to the Note Amendment and Exchange Agreement (the “Agreement”) dated November 17, 2003 by and among Oscient Pharmaceuticals Corporation (formerly known as Genome Therapeutics Corp.) (the “Parent”) and each of the holders set forth on Schedule A and Schedule B of the Agreement (the “Holders”) is entered into as of the date first written above. Capitalized terms used and not otherwise defined in this Amendment are used herein as defined in the Agreement.
