0001193125-20-152447 Sample Contracts

AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • May 27th, 2020 • Tetraphase Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

THIS AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “Amendment”) is made and entered into as of May 27, 2020 (the “Amendment Date”), by and among: ACELRX PHARMACEUTICALS, INC., a Delaware corporation (“Parent”); CONSOLIDATION MERGER SUB, INC., a Delaware corporation and an indirect wholly-owned subsidiary of Parent (“Merger Sub”); and TETRAPHASE PHARMACEUTICALS, INC., a Delaware corporation (the “Company”).

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FORM OF CONTINGENT VALUE RIGHTS AGREEMENT
Contingent Value Rights Agreement • May 27th, 2020 • Tetraphase Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

THIS CONTINGENT VALUE RIGHTS AGREEMENT, dated as of [__], 2020 (this “Agreement”), is entered into by and between AcelRx Pharmaceuticals, Inc., a Delaware corporation (“Parent”), and Computershare Inc., a Delaware corporation, as Rights Agent (the “Rights Agent”).

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