CERS » Topics » SCHEDULE OF EXCEPTIONS

These excerpts taken from the CERS 10-K filed Feb 27, 2008.

SCHEDULE OF EXCEPTIONS

This Schedule of Exceptions is made and given pursuant to Section 3 of the Series A Preferred Stock Purchase Agreement, dated as of November 20, 2007 (the “Agreement”), among Anza Therapeutics, Inc. (the “Company”) and the Investors listed on Exhibit A thereto. All capitalized terms used but not defined herein shall have the meanings as defined in the Agreement, unless otherwise provided. The section numbers below correspond to the section numbers of the representations and warranties in the Agreement; provided, however, that any information disclosed herein under any section number shall be deemed to be disclosed and incorporated into any other section number under the Agreement where such disclosure would be appropriate if the applicability of such disclosure would be reasonably apparent based on the description of the matter contained in such section.

Inclusion of any item in this Schedule of Exceptions (1) does not represent a determination that such item is material or establish a standard of materiality, (2) does not represent a determination that such item did not arise in the ordinary course of business, (3) does not represent a determination that the transactions contemplated by the Agreement require the consent of third parties, and (4) shall not constitute, or be deemed to be, an admission to any third party concerning such item. This Schedule of Exceptions includes brief descriptions or summaries of certain agreements and instruments, copies of which are available upon reasonable request. Such descriptions do not purport to be comprehensive, and are qualified in their entirety by reference to the text of the documents described.

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

Exh. F-1


SCHEDULE OF EXCEPTIONS

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">This Schedule of Exceptions is made and given pursuant to Section 3 of the Series A Preferred Stock Purchase Agreement, dated as of
November 20, 2007 (the “Agreement”), among Anza Therapeutics, Inc. (the “Company”) and the Investors listed on Exhibit A thereto. All capitalized terms used but not defined herein shall have the meanings as
defined in the Agreement, unless otherwise provided. The section numbers below correspond to the section numbers of the representations and warranties in the Agreement; provided, however, that any information disclosed herein under any
section number shall be deemed to be disclosed and incorporated into any other section number under the Agreement where such disclosure would be appropriate if the applicability of such disclosure would be reasonably apparent based on the
description of the matter contained in such section.

Inclusion of any item in this Schedule of Exceptions (1) does not represent a
determination that such item is material or establish a standard of materiality, (2) does not represent a determination that such item did not arise in the ordinary course of business, (3) does not represent a determination that the
transactions contemplated by the Agreement require the consent of third parties, and (4) shall not constitute, or be deemed to be, an admission to any third party concerning such item. This Schedule of Exceptions includes brief descriptions or
summaries of certain agreements and instruments, copies of which are available upon reasonable request. Such descriptions do not purport to be comprehensive, and are qualified in their entirety by reference to the text of the documents described.

 

[ * ] = CERTAIN CONFIDENTIAL
INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED
AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO
RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

STYLE="margin-top:0px;margin-bottom:0px"> 


Exh. F-1








EXCERPTS ON THIS PAGE:

10-K (2 sections)
Feb 27, 2008

"SCHEDULE OF EXCEPTIONS" elsewhere:

Enzon Pharmaceuticals (ENZN)
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