Amendment to Section 8.5. Section 8.5 of the Note Purchase Agreement is hereby deleted in its entirety.
Amendment to Section 8.5. Section 8.5 of the Credit Agreement is hereby amended by replacing clause (c) in its entirety with the following:
Amendment to Section 8.5. Section 8.5 of the Original Agreement is hereby amended and restated to read in its entirety as follows:
Amendment to Section 8.5. Section 8.5 of the Loan Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 8.5. Section 8.5 of the Collaboration Agreement shall be deleted and replaced in its entirety with the paragraph below. In the event any Legal Proceeding is commenced by any Governmental Body or third party before any court or quasi-judicial or administrative agency of any federal, state, local, or foreign jurisdiction or before any arbitrator wherein an Order would (i) prevent consummation of any of the Acquisition or other transactions contemplated by this Agreement, (ii) cause the Acquisition or the other transactions contemplated by this Agreement to be rescinded following consummation or (iii) affect adversely the right of PDI to own the Shares and to control [***], [***] agrees, at PDI’s written request, to cooperate with PDI and use all commercially reasonable efforts to defend such Legal Proceeding and, if an Order is issued in any such Legal Proceeding, to use all commercially reasonable efforts to have such Order lifted.
Amendment to Section 8.5. Section 8.5 of the Credit Agreement is hereby amended by (i) deleting the word “and” at the end of subsection (g), (ii) deleting the period at the end of subsection (h) and inserting “; and” in lieu thereof and (iii) adding a new subsection (i) as follows:
Amendment to Section 8.5. Section 8.5 of the Credit Agreement is amended by adding the following subsection (k):
Amendment to Section 8.5. Section 8.5 of the Stock Purchase Agreement is hereby amended by deleting Section 8.5 in its entirety and replacing such subsection with the following new Section 8.5:
Amendment to Section 8.5. Section 8.5 of the Term Loan Agreement is hereby deleted in its entirety and replaced with the following new Section 8.5:
Amendment to Section 8.5. The Parties hereby agree and acknowledge that the language “Buyer shall have obtained, in the name of Buyer,” in Section 8.5 of the Purchase Agreement is deleted and replaced with the following: “Buyer shall have obtained, in the name of Buyer and/or PEPO,”
