Amendment to Securities Purchase Agreement between Cell Therapeutics, Inc. and Enable Growth Partners LP et al., dated September 23, 2008

Summary

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.

EX-10.1 4 dex101.htm AMENDMENT OF SECURITIES PURCHASE AGREEMENT, DATED SEPTEMBER 23, 2008 Amendment of Securities Purchase Agreement, dated September 23, 2008

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 O’Neil
  Name: Brendan O’Neil
  Title: President and Chief Investment Officer

 

ENABLE OPPORTUNITY PARTNERS LP
By:   /s/ Brendan O’Neil
  Name: Brendan O’Neil
  Title: President and Chief Investment Officer

 

PIERCE DIVERSIFIED MASTER STRATEGY FUND LLC, ENA
By:   /s/ Brendan O’Neil
  Name: Brendan O’Neil
  Title: President and Chief Investment Officer