Amendment to Section 11.3. Section 11.3 of the Credit Agreement is hereby amended by deleting Subsection 11.3(d) in its entirety and replacing it with the following new Subsection 11.3(d):
Amendment to Section 11.3. The fourth sentence of Section 11.3 is hereby deleted in its entirety and replaced with the following: “In no event shall a termination of this Agreement be deemed a waiver of Argent’s right to receive any payment due to Argent pursuant to Section 5.2, 8.1 or 8.2 as of the date of termination, or of the right of Argent, or such principals of Argent, under the Warrant Agreement to be executed pursuant to the provisions of Section 8.4”.
Amendment to Section 11.3. Section 1.13 of the Agreement is hereby amended by adding the following language at the end of the existing Section 1.13: “Amgen Pipeline Product Global Development Costs shall not include Costs incurred by Amgen during the period starting on January 1, 2023 and ending on August 31, 2023 to the extent such Costs are attributable to AMG 510 (also known as sotorasib or LUMAKRAS®).”
Amendment to Section 11.3. Section 11.3 is hereby deleted in its entirety and replaced with the following:
Amendment to Section 11.3. Section 11.3 of the Credit Agreement is hereby amended by deleting the word “and” at the end of subsection (g); deleting the period at the end of subsection (h) and replacing it with “; and”; and by adding a new subsection “(i)” immediately after existing subsection “(h)“as follows:
(i) so long as no Default or Event of Default has occurred and is continuing or would result therefrom, other non-speculative investments of the Borrower or any Subsidiary not otherwise permitted pursuant to this Section 11.3 in an aggregate amount not to exceed (i) $6,000,000 in Fiscal Year 2003 and (ii) $5,000,000 in any Fiscal Year thereafter.
Amendment to Section 11.3. Section 11.3 of the Original Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 11.3. Section 11.3 of the Existing Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 11.3. Section 11.3 of the Credit Agreement is hereby amended by adding the following sentence immediately following the end of the last sentence of such Section. “Without limiting the generality of the foregoing, notwithstanding the Lenders’ execution of the Restructuring Support Agreement, the Budget and Funding Agreement (as defined in the Restructuring Support Agreement) and any other document entered into in connection with the Restructuring Transaction, nothing contained therein shall, nor shall any non-exercise of the Lenders’ right and remedies in connection with the Restructuring Transaction, constitute a waiver of, or otherwise affect, any of the Administrative Agent’s and the Lenders’ rights and remedies under this Agreement and applicable law.”
Amendment to Section 11.3. Section 11.3 of the Original Agreement is hereby amended as follows:
(a) The following text is hereby deleted: “ If to Atlantic: Atlantic Asset Securitization Corp. c/o Credit Lyonnais New York Branch 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000 with a copy to: Credit Lyonnais New York Branch 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxx Xxxx Telephone: (000) 000-0000 Telecopy: (000) 000-0000
(b) The following text is hereby deleted: “If to RCC: Receivables Capital Corporation c/o Merrill Xxxxx Money Markets, Inc. World Financial Center – Xxxxx Xxxxx 000 Xxxxx Xxxxxx – 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Attn: Xxxxxxx Xxxxxx – Managing Director Telephone: (000) 000-0000 Telecopy: (000) 000-0000 (with a copy to the Administrative Agent)”
(c) The following text is hereby inserted: “If to XX XXXX Trust: XX XXXX Trust [c/o Global Securitization Services, Inc. Attn: Telephone: Telecopy:] (with a copy to the Administrative Agent)”
Amendment to Section 11.3. Section 11.3 of the Operating Agreement is hereby amended by adding the following new Section 11.3.5 at the end of such Section:
