Amendment No. 1 to Preferred Stock Purchase Warrant No. PAWLH-1 between Novacardia, Inc. and Lighthouse Capital Partners V, L.P.
This amendment, dated March 20, 2007, modifies a previous Preferred Stock Purchase Warrant agreement between Novacardia, Inc. and Lighthouse Capital Partners V, L.P. The amendment changes how the number of shares available for purchase under the warrant is calculated upon the Commitment Termination Date, specifying an increase of 119,047 shares. All other terms of the original warrant remain unchanged. The amendment is governed by Delaware law and is effective upon execution by both parties.
QuickLinks -- Click here to rapidly navigate through this document
Exhibit 4.4
AMENDMENT NO. 01
Dated March 20, 2007
TO
that certain Preferred Stock Purchase Warrant No. PAWLH-1 dated as of March 21, 2005, ("Warrant")
by and between LIGHTHOUSE CAPITAL PARTNERS V, L.P. ("Holder")
and NOVACARDIA, INC. ("Company").
(All capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Warrant.)
Without limiting or amending any other provisions of the Warrant, Holder and Company agree to the following:
- a)
- The first paragraph of Section 2(b) shall be deleted and replaced with the following:
"(b) On the Commitment Termination Date, the Exercise Quantity shall automatically be increased by (i) such additional number of shares as is equal to 2% of the Aggregate Advances under the Loan Agreement, if any, divided by (ii) the Purchase Price. For purposes of clarification, the number of Shares that the Exercise Quantity will be increased by is 119,047."
Except as amended hereby, the Warrant remains unmodified and unchanged. This amendment shall be governed by the laws of the State of Delaware, and may be executed in multiple counterparts, each of which shall be considered an original but all of which shall constitute one and the same agreement.
COMPANY: | HOLDER: | |||||||
NOVACARDIA, INC. | LIGHTHOUSE CAPITAL PARTNERS V, L.P. | |||||||
By: | LIGHTHOUSE MANAGEMENT PARTNERS V, L.L.C., its general partner | |||||||
By: | /s/ Randall E. Woods | By: | /s/ Darren Haggerty | |||||
Name: | Randall E. Woods | Name: | Darren Haggerty | |||||
Title: | CEO | Title: | Director of Portfolio Analysis |
QuickLinks
- Exhibit 4.4