X0303 4 2009-12-18 1 0000932903 AVIGEN INC \DE AVGN 0001361978 Southpaw Asset Management LP FOUR GREENWICH OFFICE PARK GREENWICH CT 06831 0 0 1 0 0001385743 Southpaw Credit Opportunity Master Fund, L.P. FOUR GREENWICH OFFICE PARK GREENWICH CT 06831 0 0 1 0 0001385608 Southpaw Holdings LLC FOUR GREENWICH OFFICE PARK GREENWICH CT 06831 0 0 1 0 0001385599 Wyman Kevin FOUR GREENWICH OFFICE PARK FIRST FLOOR GREENWICH CT 06831 0 0 1 0 0001385606 Golden Howard FOUR GREENWICH OFFICE PARK FIRST FLOOR GREENWICH CT 06831 0 0 1 0 Common Stock 2009-12-18 4 U 0 4884508 D 0 I See footnote Pursuant to the Agreement and Plan of Merger (the "Merger Agreement"), dated as of August 20, 2009, by and among MediciNova, Inc. ("MediciNova"), Absolute Merger, Inc. and Avigen, Inc. (the "Company"), each share of the Company's common stock held by the reporting persons that was outstanding immediately prior to the effective time of the merger (the "Effective Time") has been converted at the Effective Time into the right to receive convertible notes of MediciNova and one contingent payment right, as described in the Merger Agreement. The filing of this Form 4 shall not be construed as an admission that (i) Southpaw Credit Opportunity Master Fund LP ("Fund"), (ii) Southpaw Asset Management LP ("Southpaw Management"), (iii) Southpaw Holdings LLC ("Southpaw Holdings"), (iv) Kevin Wyman or (v) Howard Golden is or was for the purposes of Section 16(a) of the Securities Exchange Act of 1934, as amended, the beneficial owner of any of the shares of common stock of the Company's par value $0.001 per share ("Common Stock") held by Fund. Pursuant to Rule 16a-1, Fund, Southpaw Management, Southpaw Holdings, Mr. Wyman and Mr. Golden disclaim such beneficial ownership beyond their pecuniary interest. Southpaw Management holds shares of Common Stock indirectly through the account of Fund, of which Southpaw Management serves as the investment manager. Southpaw Management or its affiliates receive a performance-based and an asset-based fee for managing the investments of Fund. Southpaw Holdings reports the shares of Common Stock held indirectly by Southpaw Management, because, as the general partner of Southpaw Management, it controlled the disposition and voting of the securities. Messrs. Wyman and Golden report the shares of Common Stock held indirectly by Southpaw Management because, as the managing members of Southpaw Holdings, they controlled the disposition and voting of the securities. /s/ Kevin Wyman, managing member Southpaw GP, LLC, general partner, Southpaw Credit Opportunity Master Fund LP 2009-12-21 /s/ Kevin Wyman, managing member, Southpaw Holdings LLC, general partner, Southpaw Asset Management LP 2009-12-21 /s/ Kevin Wyman, managing member, Southpaw Holdings LLC 2009-12-21 /s/ Kevin Wyman 2009-12-21 /s/ Howard Golden 2009-12-21