0001193125-09-205037 Sample Contracts

AMENDMENT NO. 1 TO STOCKHOLDER’S RIGHTS AGREEMENT
Stockholder’s Rights Agreement • October 7th, 2009 • Daystar Technologies Inc • Semiconductors & related devices

This Amendment No. 1 (“Amendment 1”) is entered into as of the 1 day of October, 2009 by and between DayStar Technologies, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., a federally chartered trust company (the “Rights Agent”), and amends that certain Stockholder Rights Agreement, dated as of May 6, 2008 entered into by the Company and the Rights Agent (the “Rights Agreement”).

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