AMENDED AND RESTATED AGREEMENTAmended and Restated Agreement • October 15th, 2015 • Emisphere Technologies Inc • Pharmaceutical preparations • New York
AMENDED AND RESTATED AGREEMENT, dated as of October 14, 2015 (this “Agreement”), by and among Emisphere Technologies, Inc., a Delaware corporation (hereinafter, “Emisphere”), MHR Capital Partners Master Account LP, a limited partnership organized in Anguilla, British West Indies (“Master Account”), MHR Capital Partners (100) LP, a Delaware limited partnership (“Capital Partners (100)”), MHR Institutional Partners II LP, a Delaware limited partnership (“Institutional Partners II”) and MHR Institutional Partners IIA LP, a Delaware limited partnership (“Institutional Partners IIA”) and Novo Nordisk A/S, a Danish corporation (hereinafter, “Novo Nordisk”). Each of Master Account, Capital Partners (100), Institutional Partners II and Institutional Partners IIA shall be referred to herein collectively as “MHR” or the “MHR Funds”.
