Amendment to Securities Purchase Agreement between Cell Therapeutics, Inc. and Enable Growth Partners LP et al., dated September 23, 2008
This amendment updates the Securities Purchase Agreement originally signed on September 15, 2008, between Cell Therapeutics, Inc. and several investment entities, including Enable Growth Partners LP. The amendment corrects a clerical error in the definition of "B Convertible Notes" to clarify their terms, specifically their issuance and maturity dates. All other terms of the original agreement remain unchanged and in effect.
Exhibit 10.1
AMENDMENT OF SECURITIES PURCHASE AGREEMENT
This Amendment of Securities Purchase Agreement (this Amendment) is dated as of September 23, 2008. It amends the Securities Purchase Agreement (the Agreement) dated as of September 15, 2008, between Cell Therapeutics, Inc. and Enable Growth Partners LP.
1. In order to correct a clerical error, the definition of in Section 1.1 of the Agreement is amended to read in full as follows:
B Convertible Notes means the Series B 10% Convertible Senior Notes of the Company to be issued under a Trust Indenture between the Company and US Bank National Association as Trustee, and of like tenor as the Convertible Notes except for the issuance date being the Option Closing Date and the maturity date being the fourth anniversary of the Option Closing Date.
2. Except as expressly provided in this Amendment, the Agreement remains unchanged and in full force and effect.
CELL THERAPEUTICS, INC. | ||
By: | /s/ James A. Bianco, M.D. | |
Name: James A. Bianco, M.D. | ||
Title: Chief Executive Officer |
ENABLE GROWTH PARTNERS LP | ||
By: | /s/ Brendan ONeil | |
Name: Brendan ONeil | ||
Title: President and Chief Investment Officer |
ENABLE OPPORTUNITY PARTNERS LP | ||
By: | /s/ Brendan ONeil | |
Name: Brendan ONeil | ||
Title: President and Chief Investment Officer |
PIERCE DIVERSIFIED MASTER STRATEGY FUND LLC, ENA | ||
By: | /s/ Brendan ONeil | |
Name: Brendan ONeil | ||
Title: President and Chief Investment Officer |