This Agreement has been duly approved by BioSculpture’s Board of Directors and has been duly executed and delivered in the name and on behalf of BioSculpture by its duly authorized officers pursuant to, and in compliance with, authority granted by the Board of Directors of BioSculpture;

4.04Authorization. BioSculpture has all requisite power and authority to enter into this Agreement has been duly approved by BioSculpture’sand to carry out its obligations hereunder, subject to stockholder approval of the Merger and compliance with all applicable laws. The Board of Directors of BioSculpture has approved the execution and delivery of this Agreement and recommended the Merger contemplated by this Agreement to the stockholders of BioSculpture. This Agreement has been duly executed and delivered by BioSculpture and constitutes its valid and binding obligation, enforceable against it in the name and on behalf of BioSculpture byaccordance with its duly authorized officers pursuant to, and in compliance with, authority granted by the Board of Directors of BioSculpture;terms.