Federated Kaufmann Fund Waiver of Board Designee Rights under Securities Purchase Agreement with Threshold Pharmaceuticals, Inc.
Federated Kaufmann Fund has formally notified Threshold Pharmaceuticals, Inc. that it will not exercise its right to appoint a nominee to the company's Board of Directors, as provided in Section 4.7 of their Securities Purchase Agreement dated September 29, 2009. This waiver is permanent, meaning Federated Kaufmann Fund gives up this right now and in the future. The agreement is signed by Federated Kaufmann Fund and addressed to Threshold Pharmaceuticals, Inc.
Exhibit 10.25
| Federated Investment | ||
| Management Companies | ||
| Federated Kaufmann Fund | ||
| 140 East 45th Street | ||
| 43rd Floor | ||
| New York, N.Y. 10017 | ||
| 212 ###-###-#### Phone www.federatedinvestors.com |
| |
October 19, 2009
Threshold Pharmaceuticals, Inc.
1300 Seaport Boulevard
Redwood City, CA 94063
Fax: (650) ###-###-####
Attn: Joel A. Fernandes, Senior Director, Finance and Controller
| Re: | Board Designee |
Dear Mr. Fernandes:
Reference is made to that certain Securities Purchase Agreement (the “SPA”), dated September 29, 2009, by and among Threshold Pharmaceuticals, Inc. (the “Company”), Federated Kaufmann Fund, and the other investors that are signatories thereto. The Company is hereby instructed that Federated Kaufmann Fund has no intention, whether now or in the future, to exercise its right to designate a nominee to the Board of Directors of the Company pursuant to Section 4.7 of the SPA. Federated Kaufmann Fund hereby waives, now and forever, its rights under Section 4.7 of the SPA.
| Very truly yours, | ||
| FEDERATED KAUFMANN FUND | ||
| By: | /s/ Hans P. Utsch | |
| Name: | Hans P. Utsch | |
| Title: | Vice President, Federated Global Investment Management, as attorney in fact for Federated Kaufmann Fund, a portfolio of Federated Equity Funds | |
