Note Amendment and Exchange Agreement Sample Contracts

AMENDMENT NO. 1 TO NOTE AMENDMENT AND EXCHANGE AGREEMENT Dated as of January 28, 2009

Note Amendment and Exchange Agreement • February 3rd, 2009 • Oscient Pharmaceuticals Corp • Pharmaceutical preparations • New York

• Contract Type
  Note Amendment and Exchange Agreement
• Filed
  February 3rd, 2009
• Company
  Oscient Pharmaceuticals Corp
• Industry
  Pharmaceutical preparations
• Jurisdiction
  New York

This Amendment No. 1 (the “Amendment”) to the Note Amendment and Exchange Agreement (the “Agreement”) dated November 17, 2003 by and among Oscient Pharmaceuticals Corporation (formerly known as Genome Therapeutics Corp.) (the “Parent”) and each of the holders set forth on Schedule A and Schedule B of the Agreement (the “Holders”) is entered into as of the date first written above. Capitalized terms used and not otherwise defined in this Amendment are used herein as defined in the Agreement.

NOTE AMENDMENT AND EXCHANGE AGREEMENT

Note Amendment and Exchange Agreement • January 27th, 2016 • BeiGene, Ltd. • Pharmaceutical preparations • New York

• Contract Type
  Note Amendment and Exchange Agreement
• Filed
  January 27th, 2016
• Company
  BeiGene, Ltd.
• Industry
  Pharmaceutical preparations
• Jurisdiction
  New York

THIS NOTE AMENDMENT AND EXCHANGE AGREEMENT (this “Agreement”) is executed on January 26, 2016 (the “Effective Date”), by and between Merck Sharp & Dohme Research GMBH, an affiliate of Merck Sharp & Dohme Corp. (“Lender”) and BeiGene, Ltd., a Cayman Islands exempted company (“Company” and, together with Lender, the “Parties”).

NOTE AMENDMENT AND EXCHANGE AGREEMENT AMONG GENESOFT PHARMACEUTICALS, INC., GENOME THERAPEUTICS CORP. AND THE HOLDERS LISTED ON THE SIGNATURE PAGES HERETO DATED AS OF NOVEMBER 17, 2003

Note Amendment and Exchange Agreement • December 15th, 2003 • Genome Therapeutics Corp • In vitro & in vivo diagnostic substances • New York

• Contract Type
  Note Amendment and Exchange Agreement
• Filed
  December 15th, 2003
• Company
  Genome Therapeutics Corp
• Industry
  In vitro & in vivo diagnostic substances
• Jurisdiction
  New York

NOTE AMENDMENT AND EXCHANGE AGREEMENT dated as of November 17, 2003 (this “Agreement”), by and among Genesoft Pharmaceuticals, Inc., a Delaware corporation (the “Company”), Genome Therapeutics Corp., a Massachusetts Corporation (“Parent”), each of the holders set forth on Schedule A attached hereto (each a “December Holder” and collectively the “December Holders”) and each of the holders set forth on Schedule B attached hereto (each an “April Holder” and collectively the “April Holders,” and each December Holder and each April Holder, a “Holder” and collectively the “Holders”) .