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. Section 6.1 of the Agreement is deleted in its entirety and replaced with the following:
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. 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. 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 Agreement is hereby amended to read as follows:
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.”
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. (a) Section 6.1(a)(iii) is hereby amended and restated in its entirety as follows:
Amendment of Section 6.1. Section 6.1 (Registration Rights) is hereby deleted in its entirety and replaced with the following:
6.1 The Company agrees that within thirty (30) days after the Closing Date, the Company will file with the Commission (at the Company’s sole cost and expense) a registration statement to register under and in accordance with the provisions of the Securities Act, the resale of all of the Registrable Securities (as defined below) on Form S-3 or Form S-1 (which in either case shall be filed pursuant to Rule 415 under the Securities Act as a secondary-only registration statement), which shall be on Form S-3 if the Company is then eligible for such short form, or any similar or successor short form registration or, if the Company is not then eligible for such short form registration or would not be able to register for resale all of the Registrable Securities on Form S-3, on Form S-1 or any similar or successor long form registration (the “Registration Statement”). The Company will provide a draft of the Registration Statement to Subscriber for review at least one (1) business day in advance of the filing the Registration Statement, and shall advise Subscriber promptly upon the Registration Statement being declared effective by the Commission. The Company shall use its commercially reasonable efforts to have the Registration Statement declared effective by the Commission as soon as practicable after the filing thereof. The Company’s obligations to include the Registrable Securities of Subscriber in the Registration Statement are contingent upon Subscriber furnishing in writing to the Company such information regarding Subscriber, the securities of the Company held by Subscriber and the intended method of disposition of the Registrable Securities as shall be reasonably requested by the Company to effect the registration of the Registrable Securities, and Subscriber shall execute such documents in connection with such registration as the Company may reasonably request that are customary of a selling shareholder in similar situations. Notwithstanding the foregoing, if the Commission prevents the Company from including any or all of the Common Stock proposed to be registered under the Registration Statement due to limitations on the use of Rule 415 under the Securities Act for the resale of the Registrable Securities by the Subscribers or otherwise, the Company shall use its best efforts to ensure that the Commission determines that (1) the offering contemplated by ...
