METABOLEX, INC. STOCK OPTION AGREEMENT (INCENTIVE STOCK OPTION OR NONSTATUTORY STOCK OPTION)Stock Option Agreement • August 12th, 2013 • CymaBay Therapeutics, Inc.
Pursuant to your Stock Option Grant Notice (“Grant Notice”) and this Stock Option Agreement, Metabolex, Inc. (the “Company”) has granted you an option under its 2003 Equity Incentive Plan (the “Plan”) to purchase the number of shares of the Company’s Common Stock indicated in your Grant Notice at the exercise price indicated in your Grant Notice. Defined terms not explicitly defined in this Stock Option Agreement but defined in the Plan shall have the same definitions as in the Plan.
ContractLease Agreement • August 12th, 2013 • CymaBay Therapeutics, Inc.
AMENDMENT NUMBER THREE to be attached to and form a part of the Lease (which together with any amendments, modifications and extensions hereto are hereinafter called the Lease), made the 18th day of February, 1992:
SIXTH AMENDMENT TO LEASELease • August 12th, 2013 • CymaBay Therapeutics, Inc.
THIS AMENDMENT, dated this 29th day of September, 2006, between RREEF AMERICA REIT II CORP. LLL, a Maryland corporation (“Landlord”) and METABOLEX, INC, a Delaware corporation (“Tenant”), for the premises located in the City of Hayward, County of Alameda, State of California, commonly known as 3876 Bay Center Place (the “Premises”), located in the building commonly known as Building D (“the Building”) in the project commonly known as Bay Center Business Park II, Hayward, California, (“the Project”).
ContractLease • August 12th, 2013 • CymaBay Therapeutics, Inc.
AMENDMENT NUMBER TWO to be attached to and form a part of the Lease (which together with any amendments, modifications and extensions hereto are hereinafter called the Lease), made the 18th day of February, 1992:
METABOLEX, INC. AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT October 1, 2009Investor Rights Agreement • August 12th, 2013 • CymaBay Therapeutics, Inc. • Delaware
THIS AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (the “Agreement”) is entered into as of October 1, 2009, by and among METABOLEX, INC., a Delaware corporation (the “Company”) and the investors listed on Exhibit A hereto, referred to hereinafter as the “Investors” and each individually as an “Investor.”
ContractLease Amendment • August 12th, 2013 • CymaBay Therapeutics, Inc.
AMENDMENT NUMBER ONE to be attached to and from a part of the Lease (which together with any amendments, modifications and extensions hereto are hereafter called the Lease), made the 18th day of February 1992:
METABOLEX, INC. AMENDED AND RESTATED VOTING AGREEMENT October 1, 2009Voting Agreement • August 12th, 2013 • CymaBay Therapeutics, Inc. • Delaware
THIS AMENDED AND RESTATED VOTING AGREEMENT (the “Agreement”) is made and entered into as of October 1, 2009, by and among METABOLEX, INC., a Delaware corporation (the “Company”) and the persons and entities listed on Exhibit A hereto (the “Investors”), the persons listed on Exhibit B hereto (the “Key Holders”).
BASIC LEASE INFORMATIONLease Agreement • August 12th, 2013 • CymaBay Therapeutics, Inc.
The foregoing Basic Lease Information is incorporated into and made a part of this Lease. Each reference in this Lease to any of the Basic Lease Information shall mean the respective information above and shall be construed to incorporate all of the terms provided under the particular Lease paragraph pertaining to such information. In the event of any conflict between the Basic Lease Information and the Lease, the latter shall control.
FOURTH AMENDMENTLease Agreement • August 12th, 2013 • CymaBay Therapeutics, Inc.
THIS FOURTH AMENDMENT (the “Amendment”) is made and entered into as of the 29th day of May, 2003, by and between EOP-INDUSTRIAL PORTFOLIO, L.L.C., a Delaware limited liability company (“Landlord”), and METABOLEX, INC., a Delaware corporation (“Tenant”).
FIFTH AMENDMENT TO LEASELease • August 12th, 2013 • CymaBay Therapeutics, Inc.
THIS AMENDMENT, dated this 15th day of February, 2005, between RREEF AMERICA REIT II CORP. LLL, a Maryland corporation (“Landlord”) and METABOLEX, INC, a Delaware corporation (“Tenant”), for the premises located in the City of Hayward, County of Alameda, State of California, commonly known as 3876 Bay Center Place (the “Premises”), located in the building commonly known as Building D (“the Building”) in the project commonly known as Bay Center Business Park II, Hayward, California, (“the Project”).
SEVENTH AMENDMENTLease Agreement • August 12th, 2013 • CymaBay Therapeutics, Inc.
THIS SEVENTH AMENDMENT (this “Amendment”) is made and entered into as of July 15, 2010, by and between NORTHERN CALIFORNIA INDUSTRIAL PORTFOLIO, INC., a Maryland corporation (“Landlord”), and METABOLEX, INC., a Delaware corporation (“Tenant”).
