INDEX TO EXHIBITS
The following exhibits are included with this Form S-3.
Exhibit No. | Description | Method of Filing | ||
4.1 | Certificate of Designations, Preferences and Rights of Series A Junior Participating Cumulative Preferred Stock of Discovery, dated February 6, 2004. | Incorporated by reference to Exhibit 2.2 to Discovery’s Form 8-A, as filed with the SEC on February 6, 2004. | ||
4.2 | Shareholder Rights Agreement, dated as of February 6, 2004, by and between Discovery and Continental Stock Transfer & Trust Company. | Incorporated by reference to Exhibit 10.1 to Discovery’s Current Report on Form 8-K, as filed with the SEC on February 6, 2004. | ||
4.5 | Form of Class A Investor Warrant. | Incorporated by reference to Exhibit 4.1 to Discovery’s Current Report on Form 8-K, as filed with the SEC on June 20, 2003. | ||
4.6 | Class B Investor Warrant, dated July 7, 2004, issued to Kingsbridge Capital Limited. | Incorporated by reference to Exhibit 4.1 to Discovery’s Current Report on Form 8-K as filed with the SEC on July 9, 2004. | ||
4.7 | Warrant Agreement, dated as of November 3, 2004, by and between Discovery and QFinance, Inc. | Incorporated by reference to Exhibit 4.1 of Discovery’s Quarterly Report on Form 10-Q, as filed with the SEC on November 9, 2004. | ||
4.8 | Class C Investor Warrant, dated April 17, 2006, issued to Kingsbridge Capital Limited | Incorporated by reference to Exhibit 4.1 to Discovery’s Current Report on Form 8-K, as filed with the SEC on April 21, 2006. | ||
4.9 | Registration Rights Agreement, dated as of July 7, 2004, by and between Kingsbridge Capital Limited and Discovery. | Incorporated by reference to Exhibit 10.2 to Discovery’s Current Report on Form 8-K, as filed with the SEC on July 9, 2004. | ||
4.10 | Registration Rights Agreement, dated April 17, 2006, by and between Discovery and Kingsbridge Capital Limited. | Incorporated by reference to Exhibit 10.2 to Discovery’s Current Report on Form 8-K, as filed with the SEC on April 21, 2006. | ||
4.11 | Second Amended and Restated Promissory Note, dated as of October 25, 2006, issued to PharmaBio Development Inc. d/b/a NovaQuest | Incorporated by reference to Exhibit 4.1 to Discovery’s Current Report on Form 8-K, as filed with the SEC on October 26, 2006. | ||
4.12 | Warrant Agreement, dated as of October 25, 2006, by and between Discovery and PharmaBio Development Inc. d/b/a NovaQuest | Incorporated by reference to Exhibit 4.2 to Discovery’s Current Report on Form 8-K, as filed with the SEC on October 26, 2006. | ||
4.13 | Warrant dated November 22, 2006, issued to Capital Ventures International. | Incorporated by reference to Exhibit 4.1 to Discovery’s Current Report on Form 8-K, as filed with the SEC on November 22, 2006. | ||
4.14 | Registration Rights Agreement, dated as of November 22, 2006, by and between Discovery and Capital Ventures International. | Incorporated by reference to Exhibit 10.2 to Discovery’s Current Report on Form 8-K, as filed with the SEC on November 22, 2006. | ||
5.1 | Opinion of Dickstein Shapiro LLP, legal counsel. | Filed herewith. | ||
23.1 | Consent of Ernst & Young LLP, independent registered public accounting firm. | Filed herewith. | ||
23.2 | Consent of Dickstein Shapiro LLP, legal counsel (included in its opinion filed as Exhibit 5.1 to this registration statement). | Filed herewith. | ||
24.1 | Powers of Attorney (included in signature page to this registration statement). | Filed herewith. | ||
E-1
Exhibit No. | Description | Method of Filing | ||
4.14 | Registration Rights Agreement, dated as of November 22, 2006, by and between Discovery and Capital Ventures International. | Incorporated by reference to Exhibit 10.2 to Discovery’s Current Report on Form 8-K, as filed with the SEC on November 22, 2006. | ||
5.1 | Opinion of Dickstein Shapiro LLP, legal counsel. | Filed herewith. | ||
23.1 | Consent of Ernst & Young LLP, independent registered public accounting firm. | Filed herewith. | ||
23.2 | Consent of Dickstein Shapiro LLP, legal counsel (included in its opinion filed as Exhibit 5.1 to this registration statement). | Filed herewith. | ||
24.1 | Powers of Attorney (included in signature page to this registration statement). | Filed herewith. | ||
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