Amendment and Restatement of Section 1. Section 1 is hereby amended and restated as follows:
Amendment and Restatement of Section 1. 3(d)(iv). Section 1.3(d)(iv) of the Agreement is amended and restated to read as follows:
Amendment and Restatement of Section 1. 3(d)(iii). Section 1.3(d)(iii) of the Agreement is amended and restated to read as follows:
(1) Issuance of 2nd Note Within five (5) business days after achievement of the CB-CAPS Monitoring Assay Launch Milestone, Purchaser shall issue to Seller a promissory note (the “2nd” Note”) in the aggregate principal amount of [***], the form of which is attached hereto as Exhibit A. The 2nd Note shall be secured in accordance with Section 5.9 of the Agreement. The Note shall accrue interest at a rate of [***] per annum which interest shall be payable on the 10th business day following the end of each month following the date of issuance of this 2nd Note, The outstanding principal balance on the Note shall be repaid at the rate specified in Schedule A to the 2nd Note on the 10th business day following the end of each month following the date of issuance of this 2nd Note.
Amendment and Restatement of Section 1 of the Note shall be and it hereby is amended and restated to read in its entirety as follows:
Amendment and Restatement of Section 1. 10. Section 1.10 of the Agreement is hereby deleted and replaced in its entirety with the following language:
Amendment and Restatement of Section 1. The parties acknowledge and agree that Section 1 of the Employment Agreement shall be deleted in its entirety and replaced with the following:
Amendment and Restatement of Section 1. Section 1.1 of the Contribution Agreement is hereby amended and restated in its entirety as follows:
Amendment and Restatement of Section 1. Section 1.1 (Other Offerings) of the Investment Agreement is hereby amended and restated to read in its entirety as follows:
Amendment and Restatement of Section 1. 4(a) of the Purchase Agreement. Section 1.4(a) of the Purchase Agreement is hereby amended and restated in its entirety to read as follows:
Amendment and Restatement of Section 1. Section 1 of the Agreement is hereby amended and restated, in part, to read as follows: The original Agreement provision: It is the intention of the Company that Executive shall continue to serve as the Chief Information Officer at the pleasure of the Board of Directors, reporting on a day-to-day basis directly to the Chief Operating Officer of the Company. Shall be amended and replaced as follows: It is the intention of the Company that Executive shall continue to serve as the Chief Operating Officer at the pleasure of the Board of Directors, reporting on a day-to-day basis directly to the Chief Executive Officer of the Company.
