Amendment to Section 20. 5.A of the Partnership Agreement. The first sentence of Section 20.5.A of the Partnership Agreement is deleted in its entirety and replaced with the following: "The Series G Preferred Units may not be redeemed prior to August 29, 2005."
Amendment to Section 20. Section 20 of the Original Agreement is hereby amended by adding the words “and Additional Purchaser” immediately after the words “Standby Purchaser” in the second line thereof and the words “or Additional Purchaser” immediately after the words “Standby Purchaser” in the fifth line thereof.
Amendment to Section 20. Section 20(c) of the Rights Agreement is hereby amended by inserting the word “gross” immediately before the word “negligence” and after the word “own”.
Amendment to Section 20. 4. Section 20.4 of the LCA is hereby amended to read in its entirety as follows: “This Agreement, together with the Discovery Agreement, the Praluent Agreement, the Praluent Transition Services Agreement (as defined in the Praluent Agreement) and the Ancillary Agreements, contains the complete understanding of the Parties with respect to the subject matter hereof and thereof and supersedes all prior understandings and writings relating to the subject matter hereof and thereof, provided that the last sentence of Section 14.4 of the Discovery Agreement shall apply with respect to any conflict or inconsistency between this Agreement and the Discovery Agreement. In the event of any conflict between this Agreement and the Praluent Agreement, the Praluent Agreement shall control. Any variation between a provision of this Agreement and a corresponding or similar provision of the IO License and Collaboration Agreement, the IO Discovery Agreement or the Praluent Agreement shall not be considered in the interpretation of this Agreement, the IO License and Collaboration Agreement, the IO Discovery Agreement or the Praluent Agreement.”
Amendment to Section 20. Section 20(c) of the Agreement is hereby amended to delete the term “negligence” and replace it with “gross negligence.”
Amendment to Section 20. The following new paragraph is added at the end of Section 20: “In the event that as a condition to receiving access to information relating to the Company or its Subsidiaries in connection with the transactions contemplated by or otherwise pursuant to this Agreement, any Purchaser or holder of a Note is required to agree to a confidentiality undertaking (whether through IntraLinks, another secure website, a secure virtual workspace or otherwise) which is different from this Section 20, this Section 20 shall not be amended thereby and, as between such Purchaser or such holder and the Company, this Section 20 shall supersede any such other confidentiality undertaking.”
Amendment to Section 20. Due to the satisfaction of the conditions and termination of the covenants set forth in Section 20 of the Consulting Agreement, Section 20 is hereby deleted in its entirety and replaced with “[intentionally omitted].”
Amendment to Section 20. Effective as of the date hereof, Section 20 of the Agreement shall be amended by replacing the heading “TERMINATION OF KFW GUARANTEE” with the heading “TERMINATION OF KFW GUARANTEES” and by replacing the phrase “the KfW Guarantee” with the phrase “either of the KfW Guarantees”.
Amendment to Section 20. Pursuant to Section 24 of the Agreement, the Company, the Partnership and the Advisor hereby agree that Section 20 of the Agreement shall be deleted and replaced in its entirety with the following:
Amendment to Section 20. Section 20 of the Existing Agreement is hereby deleted and amended and restated in its entirety as follows:
