AMENDED AND RESTATED AGREEMENTAmended and Restated Agreement • December 22nd, 2010 • MHR Capital Partners Master Account LP • Pharmaceutical preparations • New York
AMENDED AND RESTATED AGREEMENT, dated as of December 20, 2010 (this “Agreement”), by and among Emisphere Technologies, Inc., a Delaware corporation (hereinafter, “Emisphere”), MHR Capital Partners Master Account LP, MHR Capital Partners (100) LP, MHR Institutional Partners II LP and MHR Institutional Partners IIA LP (hereinafter, “MHR”), each a Delaware limited partnership, and Novo Nordisk A/S, a Danish corporation (hereinafter, “Novo Nordisk”). Capitalized terms used but not defined herein shall have the respective meanings given to them in the Investment Agreements (as defined below) (such capitalized terms hereinafter, the “Investment Agreements Defined Terms”).
