Purchase Agreement and Waiver Sample Contracts

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AMENDMENT TO PURCHASE AGREEMENT AND WAIVER
Purchase Agreement and Waiver • March 26th, 2004 • Aerogen Inc • Surgical & medical instruments & apparatus

THIS AMENDMENT TO PURCHASE AGREEMENT AND WAIVER (the “Amendment”) is made as of March 19, 2004, by and between AEROGEN, INC., a Delaware corporation (the “Company”), Xmark Fund L.P., a Delaware Limited Partnership (“Xmark LP”), Xmark Fund, Ltd., a Cayman Islands exempted company (together with Xmark LP, the “Lead Investor”) and the other Investors. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Purchase Agreement (defined below).

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