Amendment to Section 2.2. Section 2.2 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.2. Section 2.2 of the Original Agreement is amended to read in its entirety as follows:
Amendment to Section 2.2. Section 2.2 of the Agreement is deleted in its entirety and replaced with the following:
Amendment to Section 2.2. Section 2.2 of the Lease is hereby deleted in its entirety and replaced with the following:
Amendment to Section 2.2. Section 2.2 of the Original Agreement shall be amended by deleting all instances of the words “, Merger Sub”.
Amendment to Section 2.2. Section 2.2 of the Agreement entitled “End-of-Term Provisions” is hereby struck in its entirety and replaced with the following:
Amendment to Section 2.2. The following is added immediately after the word “agree” and prior to the words “to discharge and release” in Section 2.2: “, subject to the limitations set forth in Section 9.8(c)”.
Amendment to Section 2.2. The third sentence of Section 22 of the XXX is hereby amended and restated in its entirety as follows: “Notwithstanding any other provision of this Section 22, (A) Section 16(e) shall not be amended or waived without the written consent of the Tekla Funds; (B) Sections 18(f)(i), 18(f)(ii), 18(f)(iii), 18(f)(iv), 18(f)(v), 18(f)(vi), 18(f)(vii) and 18(f)(viii) of this Agreement shall not be amended or waived without the written consent of SV Health Investors, Alta Partners, Skyline Ventures, Lilly Ventures, Merck, Surveyor, the Tekla Funds and Vida, respectively; (C) the rights of SV Health Investors, Alta Partners, Skyline Ventures and Lilly Ventures to representation on Board committees and scientific and other advisory boards pursuant to Section 18(e) shall not be amended without the written consent of SV Health Investors, Alta Partners, Skyline Ventures and Lilly Ventures, respectively; and (D) any modification or waiver of this Agreement that treats any Major Investor differently from other Major Investors holding the same class and series of securities (or, in the case of a Major Investor holding Series C-2 Preferred Stock, that treats such Major Investor differently from Major Investors holding Series C Preferred Stock) shall require the prior written consent of such Major Investor.”
Amendment to Section 2.2. Section 2.2 of the Share Exchange Agreement is deleted and replaced in its entirety with the following (added language underscored; deleted language struck):
Amendment to Section 2.2. Section 2.2(b) of the Existing Credit Agreement is hereby amended by deleting the phrase “0000 Xxxxxx Xxxxxx, 10th Floor, Houston, Texas 77002, Attention: Xxxx Xxxx, Telephone: (000) 000-0000, Facsimile: (000) 000-0000” and inserting in lieu thereof the phrase “as Administrative Agent, 000 Xxxxxxx Xxxxxxxxxx Xxxx, Ops 0, Xxxxx 00, Xxxxxx, Xxxxxxxx, 00000, Xxxxxxxxx: Xxxxxx Xxxxx, Telephone: (000) 000-0000, Facsimile: (000) 000-0000”.
