0001193125-14-080324 Sample Contracts

MANNKIND CORPORATION Common Stock (par value $0.01 per share) At-The-Market Issuance Sales Agreement
At-the-Market Issuance Sales Agreement • March 3rd, 2014 • Mannkind Corp • Pharmaceutical preparations • New York

MannKind Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Meyers Associates, L.P. (doing business as Brinson Patrick, a division of Meyers Associates, L.P. (“BP”), as follows:

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Standard Contracts

FIRST AMENDMENT TO FACILITY AGREEMENT AND REGISTRATION RIGHTS AGREEMENT
Facility Agreement and Registration Rights Agreement • March 3rd, 2014 • Mannkind Corp • Pharmaceutical preparations • New York

FIRST AMENDMENT TO FACILITY AGREEMENT AND REGISTRATION RIGHTS AGREEMENT (this “Amendment”), dated as of February 28, 2014, by and among MANNKIND CORPORATION, a Delaware corporation (the “Borrower”), DEERFIELD PRIVATE DESIGN FUND II, L.P. (“DPDF”) and DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P. (together with DPDF collectively referred to as the “Purchasers” and together with the Borrower, the “Parties”).

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