Amendment of Section 6.1. The Agreement is hereby amended by deleting Section 6.1 thereof in its entirety and replacing it with the following Section 6.1:
Amendment of Section 6.1. The Agreement is hereby amended by inserting the word “base” in between “at a” and “price” in the first paragraph of Section 6.1 of the Agreement and by adding the following language at the end of such first paragraph, immediately preceding the period: through [ ]* and [ ]* in [ ]* ( the “Base Price”), and the Base Price shall [ ]*. [ ]* Notwithstanding anything in the foregoing to the contrary, from [ ]* until [ ]*, Cubist shall pay [ ]* for every [ ]* hereunder. On or around [ ]* after the Amendment No. 4 *Confidential Treatment Requested. Omitted portions filed with the Securities and Exchange Commission (the “Commission”). Effective Date, the parties will discuss in good faith whether any adjustment to the above is appropriate. In addition, if the [ ]* above or below [ ]* on or after [ ]*, the parties shall discuss in good faith whether an adjustment to the Base Price is appropriate. The second paragraph of Section 6.1 is hereby amended by inserting the words “the Base Price of” in between “will pay” and [ ]* in the second-to-last line of such second paragraph and by adding the following language at the end of such second paragraph, immediately preceding the period: , subject to the first paragraph of this Section 6.1.
Amendment of Section 6.1. Section 6.1 of the Materials Supply Agreement is hereby amended and restated to read in its entirety as follows:
Amendment of Section 6.1. Section 6.1 of the Original Agreement (captioned “Term”) is hereby deleted and replaced in its entirety by the following new Section 6.1:
Amendment of Section 6.1. The Indenture is amended such that clauses (a)(3) through (a)(8) under Section 6.1 shall only apply to the 2021 Notes and shall not apply to the Securities.
Amendment of Section 6.1. Section 6.1 of the Purchase Agreement is hereby amended to include the following subsections (z) and (aa) as follows:
Amendment of Section 6.1. Section 6.1 (Registration Rights) is hereby deleted in its entirety and replaced with the following:
Amendment of Section 6.1. Section 6.1 of the Lease is amended by adding the following Section 6.1(h):
Amendment of Section 6.1. Article 6, Section 6.1 the Partnership Agreement is hereby deleted in its entirety and replaced with the following:
Amendment of Section 6.1. Section 6.1 of the Loan and Security Agreement is hereby amended by deleting clause (A) in its entirety and replacing clause (A) with the following: “(A) Intentionally omitted.”
