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SEC Filings

S-1/A
OREXIGEN THERAPEUTICS, INC. filed this Form S-1/A on 04/09/2007
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  20.04   PROCEDURE.
  (a)   Whenever a party (the “CLAIMANT”) shall decide to institute arbitration proceedings, it shall give written notice to that effect (the “NOTICE OF ARBITRATION”) to the other party (the “RESPONDENT”). The NOTICE OF ARBITRATION shall set forth in detail the nature of the DISPUTE, the facts upon which the CLAIMANT relies and the issues to be arbitrated (collectively, the “ARBITRATION ISSUES”). Within fifteen (15) days after its receipt of the NOTICE OF ARBITRATION, the RESPONDENT shall send the CLAIMANT and the ARBITRATION PANEL a written response (the “RESPONSE”). The RESPONSE shall set forth in detail the facts upon which the RESPONDENT relies. In addition, the RESPONSE shall contain all counterclaims that the RESPONDENT may have against the CLAIMANT which are within the ARBITRATION ISSUES, whether or not such claims have previously been identified. If the RESPONSE sets forth a counterclaim, the CLAIMANT may, within fifteen (15) days after its receipt of the RESPONSE, deliver to the RESPONDENT and the ARBITRATION PANEL a rejoinder answering such counterclaim.
 
  (b)   Within fifteen (15) days after the later of (1) the expiration of the period provided in Section 20.04(a) above for the CLAIMANT to deliver a rejoinder or (2) the completion of any discovery proceedings authorized by the ARBITRATION PANEL: (A) the CLAIMANT shall send to the ARBITRATION PANEL a proposed resolution of the ARBITRATION ISSUES and a proposed resolution of any counterclaims set forth in the RESPONSE, including without limitation the amount of monetary damages, if any, or other relief sought (the “CLAIMANT’S PROPOSAL”); and (B) the RESPONDENT shall send to the ARBITRATION PANEL a proposed resolution of the ARBITRATION ISSUES, a proposed resolution of any counterclaims set forth in the RESPONSE and a proposed resolution of any rejoinder submitted by the CLAIMANT, including without limitation the amount of monetary damages, if any, or other relief sought (the “RESPONDENT’S PROPOSAL”). Once both the CLAIMANT’S PROPOSAL and the RESPONDENT’S PROPOSAL have been submitted, the ARBITRATION PANEL shall deliver to each party a copy of the other party’s proposal.
 
  (c)   The ARBITRATION PANEL shall issue an opinion with respect to any DISPUTE, which opinion shall constitute the ARBITRATION PANEL’S final decision (the “FINAL DECISION”). The concurrence of two (2) arbitrators shall be sufficient for the entry of a FINAL, DECISION. The ARBITRATION PANEL shall issue a FINAL DECISION within one (1) month from the later of (1) the last day for submission of proposals under Section 20.04(b) above or (2) the date of the final hearing on any DISPUTE held by the ARBITRATION PANEL. The FINAL DECISION shall include a written award and statement of decision

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