X0203 3 2008-09-05 0 0001161924 MiddleBrook Pharmaceuticals, Inc. MBRK 0001281827 TREACY DONALD J 20425 SENECA MEADOWS PARKWAY GERMANTOWN MD 20876 0 1 0 0 SVP, Devel & Manf Oper Stock Option (Right to Buy) 10.00 2013-10-15 Common Stock 10928 D Stock Option (Right to Buy) 8.45 2014-02-24 Common Stock 50000 D Stock Option (Right to Buy) 4.05 2015-01-23 Common Stock 50000 D Stock Option (Right to Buy) 1.48 2016-01-24 Common Stock 25000 D Stock Option (Right to Buy) 2.47 2017-01-23 Common Stock 55000 D Stock Option (Right to Buy) 3.08 2018-02-12 Common Stock 75000 D These options vest and become exercisable in 48 equal monthly installments commencing on November 16, 2003. These options vest and become exercisable in 48 equal monthly installments commencing on March 15, 2004. 2.0833% of the Options vest and become exercisable each month, commencing one month after February 15, 2005 (the "Initial Vesting Date") and on such day of every month thereafter, through the fourth anniversary of the Initial Vesting Date. 2.0833% of the Options vest and become exercisable each month, commencing one month after January 25, 2006 (the "Initial Vesting Date") and on such day of every month thereafter, through the fourth anniversary of the Initial Vesting Date. 2.0833% of the Options vest and become exercisable each month, commencing one month after January 24, 2007 (the "Initial Vesting Date") and on such day of every month thereafter, through the fourth anniversary of the Initial Vesting Date. 2.0833% of the Options become exercisable each month, commencing one month after February 13, 2008 (the "Initial Vesting Date") and on such day of every month thereafter, through the fourth anniversary of the Initial Vesting Date. /s/ Brad Cole, Attorney-in-fact 2008-09-09