Amendment No. 1 to Common Stock Purchase Agreement between Unigene Laboratories, Inc. and Fusion Capital Fund II, LLC

Summary

Unigene Laboratories, Inc. and Fusion Capital Fund II, LLC have agreed to amend their existing Common Stock Purchase Agreement. This amendment reduces the number of shares Fusion can purchase under a related warrant from 500,000 to 250,000, with possible adjustments as specified in the warrant. The agreement is effective as of October 9, 2003, and is signed by authorized representatives of both parties.

EX-10.51 4 dex1051.txt AMENDMENT NO. 1 TO COMMON STOCK PURCHASE AGREEMENT Exhibit 10.51 UNIGENE LABORATORIES, INC. 110 Little Falls Road Fairfield, New Jersey 07004 Fusion Capital Fund II, LLC October 9, 2003 222 Merchandise Mart Plaza, Suite 9-112 Chicago, Illinois 60654 re: Unigene Laboratories, Inc. Gentlemen: This letter is being delivered to confirm our understanding with respect to certain issues under that certain Common Stock Purchase Agreement, dated as of date hereof (the "Purchase Agreement"), by and between UNIGENE LABORATORIES, INC., a Delaware corporation (the "Company") and FUSION CAPITAL FUND II, LLC ("Fusion"), and the warrant issued to Fusion in connection therewith dated as of the date hereof (the "Warrant") pursuant to which Fusion may purchase up to 500,000 shares of Common Stock ("Warrant Shares"). All capitalized terms used in this letter that are not defined in this letter shall have the meanings set forth in the Purchase Agreement. The Company and Fusion agree as follows: The Warrant is hereby amended such that the number of Warrant Shares that may be purchased pursuant to the Warrant is 250,000, subject to adjustment as provided in the Warrant. UNIGENE LABORATORIES, INC. By: /s/ Warren P. Levy ------------------------ Name: Warren P. Levy Title: President and CEO ACKNOWLEDGED AND AGREED: FUSION CAPITAL FUND II, LLC By: /s/ Steven G. Martin ------------------------ Steven G. Martin Managing Member