0001193125-09-258541 Sample Contracts

THIRD AMENDED AND RESTATED INVESTOR RIGHTS’ AGREEMENT
Investor Rights Agreement • December 23rd, 2009 • Surgivision Inc • Delaware

This THIRD AMENDED AND RESTATED INVESTOR RIGHTS’ AGREEMENT is made this 20th day of September, 2006, by and among SURGI-VISION, INC., a Delaware corporation (“Company”), DARA BIOSCIENCES, INC., a Delaware corporation (“Dara”), certain holders of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), who are set forth on Schedule 1 hereto (the “Initial Investors,” and together with Dara, the “Common Investors”), and the investors set forth on Schedule 2 hereto (the “Series A Investors”).

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FIRST AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT
Stockholders’ Agreement • December 23rd, 2009 • Surgivision Inc • Delaware

This First Amended and Restated Stockholders’ Agreement (the “Agreement”) is entered into as of April 30th, 2004 by and among Surgi-Vision, Inc., a Delaware corporation (“Company”), GE Capital Equity Investments, Inc., a Delaware corporation (“GE Investor”), Dara BioSciences, Inc., a Delaware corporation (“Dara”), Steve Gorlin, Nancy Taylor and The Johns Hopkins University (collectively, the “Major Investors”) and the other stockholders of the Company set forth on the signature pages of this Agreement (the “Other Stockholders”).

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