Attached files

file filename
S-1 - FORM S-1 - HYPERION THERAPEUTICS INCd178027ds1.htm
EX-3.1 - AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF THE COMPANY - HYPERION THERAPEUTICS INCd178027dex31.htm
EX-4.3 - WARRANT TO PURCHASE COMMON STOCK ISSUED TO KEELIN REEDS - HYPERION THERAPEUTICS INCd178027dex43.htm
EX-4.5 - FORM OF WARRANT TO PURCHASE PREFERRED STOCK - HYPERION THERAPEUTICS INCd178027dex45.htm
EX-4.6 - FORM OF CONVERTIBLE UNSECURED PROMISSORY NOTE - HYPERION THERAPEUTICS INCd178027dex46.htm
EX-4.7 - FORM OF CONVERTIBLE UNSECURED PROMISSORY NOTE - HYPERION THERAPEUTICS INCd178027dex47.htm
EX-3.3 - AMENDED AND RESTATED BYLAWS OF THE COMPANY - HYPERION THERAPEUTICS INCd178027dex33.htm
EX-4.4 - FORM OF WARRANT TO PURCHASE COMMON STOCK - HYPERION THERAPEUTICS INCd178027dex44.htm
EX-10.5 - FORM OF INDEMNIFICATION AGREEMENT - HYPERION THERAPEUTICS INCd178027dex105.htm
EX-10.4 - THE OCTOBER 2011 PURCHASE AGREEMENT - HYPERION THERAPEUTICS INCd178027dex104.htm
EX-10.7 - OFFER LETTER AGREEMENT - JEFFREY FARROW - HYPERION THERAPEUTICS INCd178027dex107.htm
EX-23.1 - CONSENT OF PRICEWATERHOUSECOOPERS LLP - HYPERION THERAPEUTICS INCd178027dex231.htm
EX-10.6 - EMPLOYMENT AGREEMENT - DONALD J. SANTEL - HYPERION THERAPEUTICS INCd178027dex106.htm
EX-21.1 - SUBSIDIARIES OF THE COMPANY - HYPERION THERAPEUTICS INCd178027dex211.htm
EX-10.1 - SECOND AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT - HYPERION THERAPEUTICS INCd178027dex101.htm
EX-10.8 - OFFER LETTER AGREEMENT - BRUCE F. SCHARSCHMIDT, M.D. - HYPERION THERAPEUTICS INCd178027dex108.htm
EX-10.2 - THE APRIL 2011 PURCHASE AGREEMENT - HYPERION THERAPEUTICS INCd178027dex102.htm
EX-10.9 - OFFER LETTER AGREEMENT - KLARA A. DICKINSON - HYPERION THERAPEUTICS INCd178027dex109.htm
EX-10.12 - 2006 EQUITY INCENTIVE PLAN, AS AMENDED - HYPERION THERAPEUTICS INCd178027dex1012.htm
EX-10.19 - FIRST AMENDMENT TO OFFICE LEASE - HYPERION THERAPEUTICS INCd178027dex1019.htm
EX-10.11 - FORM OF EXECUTIVE CHANGE OF CONTROL AND SEVERANCE AGREEMENT - HYPERION THERAPEUTICS INCd178027dex1011.htm
EX-10.10 - OFFER LETTER AGREEMENT - CHRISTINE A. NASH - HYPERION THERAPEUTICS INCd178027dex1010.htm
EX-10.18 - OFFICE LEASE - HYPERION THERAPEUTICS INCd178027dex1018.htm
EX-10.14 - FORM OF OPTION AGREEMENT UNDER 2006 EQUITY INCENTIVE PLAN - HYPERION THERAPEUTICS INCd178027dex1014.htm

Exhibit 10.13

HYPERION THERAPEUTICS, INC.

2006 EQUITY INCENTIVE PLAN AMENDMENT

April 15, 2011

The 2006 Equity Incentive Plan (the “Plan”), adopted as of December 20, 2006, of Hyperion Therapeutics, Inc., a Delaware corporation (the “Company”), is hereby amended pursuant to Section 2(b)(vi) thereof to increase the number of shares of Common Stock that may be issued thereunder.

 

1. DEFINITIONS

Capitalized terms appearing herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Plan.

 

2. AMENDMENTS

Section 3(a) of the Plan is hereby amended by deleting the text thereof in its entirety and replacing it with the following:

“Subject to Section 9(a) relating to Capitalization Adjustments, the aggregate number of shares of Common Stock of the Company that may be issued pursuant to Stock Awards after the Effective Date shall not exceed eight million eight hundred twenty three thousand one hundred eighty seven (8,823,187) shares. For clarity, the limitation in this Section 3(a) is a limitation in the number of shares of Common Stock that may be issued pursuant to the Plan. Accordingly, this Section 3(a) does not limit the granting of Stock Awards except as provided in Section 7(a). Furthermore, if a Stock Award (i) expires or otherwise terminates without having been exercised in full or (ii) is settled in cash (i.e., the holder of the Stock Award receives cash rather than stock), such expiration, termination or settlement shall not reduce (or otherwise offset) the number of shares of Common Stock that may be issued pursuant to the Plan.”

Section 3(c) of the Plan is hereby amended by deleting the text thereof in its entirety and replacing it with the following:

Incentive Stock Option Limit. Notwithstanding anything to the contrary in this Section 3(c), subject to the provisions of Section 9(a) relating to Capitalization Adjustments, the aggregate maximum number of shares of Common Stock that may be issued pursuant to the exercise of Incentive Stock Options shall be eight million eight hundred twenty three thousand one hundred eighty seven (8,823,187) shares of Common Stock.”


3. MISCELLANEOUS

Except as modified by this amendment, which shall be effective as of the date first written above, the Plan shall remain in full force and effect, enforceable in accordance with its terms.

[SIGNATURE PAGE FOLLOWS]

 

2


To record the adoption of this Amendment to the 2006 Equity Incentive Plan by the Board as of the date first written above, the Company has caused its authorized officer to execute this amendment.

 

Hyperion Therapeutics, Inc.
By:       /s/  Donald J. Santel
Name:   Donald J. Santel
Title:   Chief Executive Officer