Common use of Amendment to Preamble Clause in Contracts

Amendment to Preamble. The first paragraph of the Preamble of each of the Warrants is hereby amended and restated in its entirety to read as follows: “Artes Medical USA, Inc., a Delaware corporation (the “Company”), hereby certifies that, for value received, (including any successors and assigns, “Holder”), is entitled immediately upon or after the date hereof, and subject to the terms set forth below, to purchase from the Company at any time or from time to time before the earlier of (i) 5:00 P.M. Pacific Standard Time, on May 1, 2010 or (ii) the closing of (a) the sale, lease, transfer or conveyance of all or substantially all of the assets of the Company or (b) a consolidation of the Company with, or merger of the Company with or into, any person (including any individual, partnership, joint venture, corporation, trust or group thereof) other than a consolidation or merger by the Company with a subsidiary of the Company in which the Company is the continuing entity (the earlier to occur of (i) or (ii) the “Expiration Date”), fully paid and nonassessable shares of the Company’s Common Stock (the “Warrant Shares”), with the number of the Warrant Shares and the exercise price of the Warrant Shares to be determined as follows:”

Amendment to Preamble. The first paragraph of the Preamble of each of the Warrants is hereby amended and restated in its entirety to read as follows: “Artes Medical USA, Inc., a Delaware corporation (the “Company”), hereby certifies that, for value received, (including any successors and assigns, “Holder”), is entitled immediately upon or after the date hereof, and subject to the terms set forth below, to purchase from the Company at any time or from time to time before the earlier of (i) 5:00 P.M. Pacific Standard Time, on May 1June 30, 2010 2009 or (ii) the closing of (a) the sale, lease, transfer or conveyance of all or substantially all of the assets of the Company or (b) a consolidation of the Company with, or merger of the Company with or into, any person (including any individual, partnership, joint venture, corporation, trust or group thereof) other than a consolidation or merger by the Company with a subsidiary of the Company in which the Company is the continuing entity (the earlier to occur of (i) or (ii) the “Expiration Date”), fully paid and nonassessable shares of the Company’s Common Stock (the “Warrant Shares”), with the number of the Warrant Shares and the exercise price of the Warrant Shares to be determined as follows:”

Amendment to Preamble. The first paragraph of the Preamble of each of the Warrants is hereby amended and restated in its entirety to read as follows: “Artes Medical USA, Inc., a Delaware corporation (the “Company”), hereby certifies that, for value received, (including any successors and assigns, “Holder”), is entitled immediately upon or after the date hereof, and subject to the terms set forth below, to purchase from the Company at any time or from time to time before the earlier of (i) 5:00 P.M. Pacific Standard Time, on May 1March 15, 2010 2007 or (ii) the closing of (a) the sale, lease, transfer or conveyance of all or substantially all of the assets of the Company or (b) a consolidation of the Company with, or merger of the Company with or into, any person (including any individual, partnership, joint venture, corporation, trust or group thereof) other than a consolidation or merger by the Company with a subsidiary of the Company in which the Company is the continuing entity (the earlier to occur of (i) or (ii) the “Expiration Date”), fully paid and nonassessable shares of the Company’s Common Stock (the “Warrant Shares”), with the number and character of the Warrant Shares and the exercise price of the Warrant Shares to be determined as follows:”