Common use of Amendment and Restatement of Section 1 Clause in Contracts

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. 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.