AMENDMENT TO AMENDED AND RESTATED
LINE OF CREDIT AGREEMENT
THIS AMENDMENT TO AMENDED AND RESTATED LINE OF CREDIT AGREEMENT, dated as of November 9, 2002 (this
“Amendment”), is entered into by Hyseq, Inc., a Nevada corporation (the “Company”), and Dr. George B. Rathmann (“Dr.
WHEREAS, the Company and Dr. Rathmann are parties to that certain Amended and Restated Line of Credit Agreement, by
and between the Company and Dr. Rathmann, dated as of April 3, 2002 (the “Agreement”).
WHEREAS, the Company is considering entering into an Agreement and Plan of Merger (the “Merger Agreement”), by and
among the Company, Vertical Merger Corp., a Delaware corporation, and Variagenics, Inc., a Delaware corporation (“Vertical”);
WHEREAS, pursuant to Section 1.6 of the Agreement, in the event of a Change of Control, the Line of Credit shall expire, and
Dr. Rathmann shall have no further obligation to make any Advances to the Company;
WHEREAS, Dr. Rathmann and the Company wish to enter into this Amendment in order to induce Vertical to enter into the
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto agree as follows:
1. Section 1.6 of the Agreement is hereby amended by adding immediately following the period at the end thereof the
“Notwithstanding the foregoing, the consummation of the transactions contemplated by the Agreement and Plan of Merger
by and among the Company, Vertical Merger Corp., a Delaware corporation, and Variagenics, Inc., a Delaware corporation,
dated November 9, 2002 shall not be deemed to constitute a Change of Control for purposes of this Agreement.”
2. All other provisions of the Agreement shall remain unchanged.
3. This Amendment shall be governed by, and construed under, the laws of the State of California without regard to the
conflicts of laws provi