Amendment of Section 5.1. Article 5, Sections 5.1 of the Agreement is hereby deleted in its entirety and replaced by Section 5.1, below.
Amendment of Section 5.1. The second sentence of Section 5.1(a) of the Contribution Agreement is hereby amended by deleting the “or” before “(iv)” and adding “or (v) except as provided in Section 5.1(c),” before the phrase “during the period from the date of this Agreement to the Effective Time”. A new Section 5.1(c) of the Contribution Agreement is hereby added to provide as follows:
Amendment of Section 5.1. Section 5.1 of the Purchase Agreement is hereby amended and restated in its entirety to read as set forth below:
Amendment of Section 5.1. Section 5.1 of the Indenture is hereby deleted in its entirety and is replaced with the following: “[intentionally omitted]”.
Amendment of Section 5.1. Section 5.1(a)(2)-(4), Section 5.1(c)(3)-(4) and the last paragraph of Section 5.1 of the Indenture are hereby deleted in its entirety and is replaced with the following: “[intentionally omitted]”.
Amendment of Section 5.1. The Agreement is hereby amended by adding the following sentence after the last sentence of Section 5.1: “Notwithstanding the foregoing, if []* from and after []* or the parties mutually agree to []*, then Cubist’s volume purchase requirements set forth in this Agreement shall be deleted, waived and no longer be of any effect.”
Amendment of Section 5.1. Section 5.1 of the Merger Agreement is hereby amended to include the following subsections (z) and (aa) as follows:
Amendment of Section 5.1. The Indenture is amended such that clauses (a)(1), (a)(3), (a)(5) and (b)(1) under Section 5.1 shall only apply to the 2021 Notes and shall not apply to the Securities.
Amendment of Section 5.1. Section 5.1 of the Original Agreement is hereby amended to delete clause (ii) of paragraph (j) of such section and replace such clause with the following new clause:
Amendment of Section 5.1. Section 5.1(a)(i) is amended and restated in its entirety to read as follows:
