AMENDMENT AGREEMENT TO THE SECURITIES PURCHASE AND EXCHANGE AGREEMENTSecurities Purchase and Exchange Agreement • December 28th, 2009 • Aeolus Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS AMENDMENT AGREEMENT TO THE SECURITIES PURCHASE AND EXCHANGE AGREEMENT (this "Amendment Agreement"), dated as of December 24, 2009 (the "Effective Date"), is made and entered into by and among Aeolus Pharmaceuticals, Inc. (the "Company"), Xmark Opportunity Fund, L.P. ("XLP"), Xmark Opportunity Fund, Ltd. ("XLTD") and Xmark JV Investment Partners, LLC ("XJV" and, together with XLP and XLTD, the "Buyers" and, each individually, a "Buyer"). All defined terms used in this Amendment Agreement but not defined herein shall have the meaning set forth for such terms in that certain Securities Purchase and Exchange Agreement, by and among the Company and the Buyers, dated as of October 6, 2009 (the "Original Agreement").
