Investment and Exchange Agreement Sample Contracts

AMENDMENT NO. 1 TO INVESTMENT AND EXCHANGE AGREEMENT
Investment and Exchange Agreement • March 27th, 2003 • Hudson Respiratory Care Inc • Surgical & medical instruments & apparatus • California
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INVESTMENT AND EXCHANGE AGREEMENT
Investment and Exchange Agreement • September 30th, 2005 • Emisphere Technologies Inc • Pharmaceutical preparations

THIS AGREEMENT (this “Agreement”) is made as of September 26, 2005, by and between Emisphere Technologies, Inc., a Delaware corporation (the “Company”), and (i) MHR Capital Partners (500) LP, a Delaware limited partnership, (ii) MHR Capital Partners (100) LP, a Delaware limited partnership, (iii) MHR Institutional Partners II LP, a Delaware limited partnership and (iv) MHR Institutional Partners IIA LP, a Delaware limited partnership (collectively, and including any of their respective Affiliates (as defined below), the “Investor”).

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