Amendment of Section 5.2. 3. Section 5.2.3 of the Agreement is hereby amended and restated to read as follows:
Amendment of Section 5.2 is hereby amended:
Amendment of Section 5.2 is hereby deleted in its entirety and amended to read as follows:
Amendment of Section 5.2. The third sentence in Section 5.2 is hereby amended and restated in its entirety as follows: “In addition to the obligations of Company to use Commercially Reasonable Efforts, if Company, its Affiliates and/or their respective Sub-licensees have not [*], Company shall promptly (but in no event later than [*] after each such applicable date) notify Amgen in writing of such failure to achieve such event (a “Specified Diligence Failure”) in a timely manner (the “Diligence Notice”); provided that if Company either (A) fails to timely [*] despite its good faith efforts to do so or (B) has a Specified Diligence Failure as a result of [*] as required under [*], then the deadline described above shall be equitably extended to account for [*] to comply therewith (provided, in the case of a failure under clause (A), such equitable extension shall [*]).”
Amendment of Section 5.2. Section 5.2 is revised by (i) deleting the words “Tranche B Term Loans” in the third line of clause (c) thereof and replacing them with the words “Tranche D Term Loans”, (ii) deleting the words “Tranche B Term Loan” in the seventeenth line of clause (c) thereof and replacing them with the words “Tranche D Term Loan”, (iii) deleting the words “Tranche B Term Loans” in the twenty-first line of clause (c) thereof and replacing them with the words “Tranche D Term Loans” and (iv) deleting the words “Tranche B Term Loans” in the twelfth line of clause (d) thereof and replacing them with the words “Tranche D Term Loans”.
Amendment of Section 5.2. 3. Section 5.2.3 of the Agreement is hereby amended and restated to read as follows: Hoku Initials & Date /s/ DS Mar 25, 2009 Solarfun Initials & Date /s/ HH 26.03.2009
Amendment of Section 5.2. Section 5.2 of the Sublicense Agreement is hereby amended by adding the following at the end of Section 5.2: "The parties acknowledge and agree that the Patent Rights and Know-How licensed pursuant to this Agreement justify royalty rates of differing amounts with respect to sales of Licensed Products, which rates could be applied separately to in respect of the exercise of such Patent Rights and/or the incorporation of such Know-How, and that, if such royalties were calculated separately, royalties relating to Patent Rights and royalties relating to Know-How would last for different terms. Notwithstanding the foregoing, the parties have determined, for reasons of convenience, that blended royalty rates for the Patent Rights and the Know-How licensed hereunder, as set forth above, will apply during a single royalty term, subject to adjustment only as set forth above in this Section 5.2."
Amendment of Section 5.2. Section 5.2 of the Loan and Security Agreement is hereby deleted in its entirety and shall be replaced with the following:
Amendment of Section 5.2. The Agreement is hereby amended by deleting Section 5.2 in its entirety and replacing it with “[Reserved].”
Amendment of Section 5.2. Section 5.2 of the Original Agreement is hereby amended to delete clause (ii) of paragraph (d) of such section and replace such clause with the following new clause:
