definiens: shall mean ( i ) the Series A Preferred Stock issued pursuant to the Series A Preferred Stock Purchase Agreement dated December 1, 1999 ; ( ii ) the Series B Preferred Stock issued pursuant to the Series B Preferred Stock Purchase Agreement dated July 5, 2000 ; ( iii ) the Series C Preferred Stock issued pursuant to the Series C Preferred Stock Purchase Agreement dated October 23, 2001 ; ( iv ) the Series C Preferred Stock issued pursuant to the Series C Preferred Stock Purchase Agreement dated November 1, 2002 ; ( v ) the Series C Preferred Stock issued pursuant to the Series C Preferred Stock and Warrant Purchase Agreement dated September 22, 2003 ; ( vi ) the Series D Preferred Stock issued pursuant to the Series D Preferred Stock Purchase Agreement dated December 18,2003 ; ( vii ) the Series D Preferred Stock issued pursuant to the Series D Preferred Stock Purchase Agreement dated August 16,2005 ; ( viii ) the Series D Preferred Stock issued upon conversion of convertible promissory note(s ) issued pursuant to the Convertible Promissory Note Purchase Agreement ( the ) dated December 18,2003, as amended by Amendment No.1 to Convertible Note Purchase Agreement dated December 17,2004, between the Company and Biomedical Sciences Investment Fund Pte Ltd ( the ) ; ( ix ) the Series D Preferred Stock issued upon conversion of convertible promissory note(s ) issued in connection with the Convertible Note Agreement ( the ) dated December 18,2003, between the Company and Invus, L.P. ( the ) ; ( x ) the Series E Preferred Stock issued pursuant to the Purchase Agreement ; ( xi ) all Securities acquired by any Investor pursuant to the rights of first offer described in Sections 3 or 4 of this Agreement ; and ( xii~ any Securities issued with respect to the foregoing upon any stock split, stock dividend, recapitalization, or similar event or upon any exercise or conversion, as applicable