0001193125-12-012888 Sample Contracts

ISTA PHARMACEUTICALS, INC. AND COMPUTERSHARE TRUST COMPANY, N.A. RIGHTS AGENT PREFERRED STOCK RIGHTS AGREEMENT DATED EFFECTIVE AS OF JANUARY 12, 2012
Preferred Stock Rights Agreement • January 17th, 2012 • Ista Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Preferred Stock Rights Agreement is dated effective as of January 12, 2012, between ISTA Pharmaceuticals, Inc., a Delaware corporation, and Computershare Trust Company, N.A., a federally chartered trust company.

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THIRD AMENDMENT TO THE PREFERRED STOCK RIGHTS AGREEMENT
Preferred Stock Rights Agreement • January 17th, 2012 • Ista Pharmaceuticals Inc • Pharmaceutical preparations

THIS THIRD AMENDMENT TO THE PREFERRED STOCK RIGHTS AGREEMENT (this “Third Amendment”), dated as of January 12, 2012, by and between ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., as successor rights agent (the “Rights Agent”), amends that certain Preferred Stock Rights Agreement, dated as of December 31, 2001, as subsequently amended, by and between the Company and the Rights Agent, as successor rights agent (the “Rights Agreement”).

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