Amendments to Article 10. (a) Section 10.10 of the Indenture is hereby amended by deleting such Section 10.10 in its entirety and replacing it with the following Section 10.10:
Amendments to Article 10 a. Article 10 of the Agreement is hereby amended and restated in its entirety to read as follows:
Amendments to Article 10. Article 10 of the Revolving Credit Agreement is hereby amended by:
(i) deleting Section 10.11 in its entirety and inserting in lieu thereof the folloiwng:
Amendments to Article 10. The provisions of Article 10 of the Loan Agreement are hereby amended by adding the following new Events of Default at the end thereof:
Amendments to Article 10 of the Indenture is hereby amended and replaced in its entirety as follows:
Amendments to Article 10. □The Administrative Agent and the Lenders may amend any provision in this Article 10, except Sections 10.3, 10.8, 10.14, 10.15, 10.16, 10.19, 10.21,
Amendments to Article 10. (a) Section 10.2(a) of the Construction Agreement is hereby amended by adding at the end of such Section 10.2(a) the following: "Construction Manager's warranties hereunder exclude remedy for damage or defect caused by abuse, modifications not executed by Construction Manager or its agents or Contractors, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage."
(b) Section 10.3 of the Construction Agreement is hereby amended to add at the end of such Section 10.3 the following sentence: "Upon completion of the Work, Construction Manager shall submit to Owner all written warranties and guarantees from Construction Manager's suppliers and from manufacturers of equipment used in connection with the Casino Hotel."
(c) Section 10.4 of the Construction Agreement is hereby amended in its entirety to read as follows:
Amendments to Article 10. The Administrative Agent and the Lenders may amend any provision in this Article 10, except Sections 10.3, 10.8, 10.14, 10.15, 10.16, 10.19, 10.21, 10.22 or 10.23, without prior notice to and consent of the Borrower, and the Administrative Agent shall provide a copy of any such amendment to the Borrower reasonably promptly thereafter; provided however if any such amendment would materially adversely affect any rights, entitlements, obligations or liabilities of any of the Obligors or any of their respective Subsidiaries, such amendment shall not be effective until the Borrower provides its written consent thereto, such consent not to be unreasonably withheld or arbitrarily delayed.
Amendments to Article 10. (a) Section 10.1 of the Credit Agreement, Events of Default, is hereby modified and amended by deleting clause (i) from subsection (b) and by substituting the following in lieu thereof:
(i) The Borrower shall default in the payment of any principal of the Loans when due"
(b) Section 10.1 of the Credit Agreement, Events of Default, is hereby further modified and amended by adding the following new concluding paragraph at the end thereof: "Notwithstanding anything to the contrary contained in the foregoing, no Default or Event of Default shall occur and be continuing under this Agreement as a result of any of the following except to the extent set forth herein: (i) the filing and existence of the Chapter 11 Case; provided, however, to the extent that (A) an Acceptable Restructuring Plan shall not have been confirmed by the Court with respect to the Chapter 11 Case and have been effective prior to September 30, 2003, or (B) a plan of reorganization is confirmed by the Court with respect to the Chapter 11 Case which does not constitute an Acceptable Restructuring Plan, the filing and existence of the Chapter 11 Case shall be deemed to constitute an Event of Default effective as of September 30, 2003, or, if earlier, the date of confirmation of such plan of reorganization; (ii) the failure by Holdco to make payments when due with respect to the Holdco Notes during the Amendment Period to the extent such payments shall have been due prior to the filing of or during the continuation of the Chapter 11 Case; (iii) acceleration of payment of the Holdco Notes by the holders thereof or the filing of a petition against Holdco seeking relief of a type described in Section 10.1(f) hereof, provided that within thirty (30) days of the earlier of such acceleration or filing either (A) such acceleration or petition shall have been rescinded, dismissed or ceased to exist, or (B) Holdco commences, or converts the case initiated by the holders of the Holdco Notes to, a voluntary Chapter 11 Case; (iv) arising solely as a result of the circumstances described in the foregoing clauses (i), (ii) and (iii), the existence of any restriction under the Bankruptcy Code which may require Court approval prior to any action by the Collateral Agent and the other Credit Parties to enforce their security interest in the Borrower's Equity Interests pledged to the Collateral Agent pursuant to the Holdco Pledge Agreement; (v) any breach of the representations and warranties set forth in Section ...
Amendments to Article 10. 6.1 The Parties hereby agree that Article 10 shall apply to the Additional Liquidia Respiratory Products. If a certain provision refers to “GSK”, it would be read as “Liquidia” for the purposes of the Additional Liquidia Respiratory Products.
6.2 For the purposes of Article 10.4 (d), Liquidia shall notify the Head of GSK R&D Business Development and the Head of GSK Alliance Manager with copy to the GSK’s Alliance Manager in writing promptly, but in no event later than ten (10) Business Days after each achievement of each milestone set forth herein in Exhibit A that triggers a payment. Liquidia shall pay all such milestone payments due in Dollars within sixty (60) days after Liquidia’s receipt of an invoice from GSK following the achievement of the corresponding milestone event. Such invoice shall be sent in PDF format to [***] (or such other e-mail address(es) as may be notified to GSK by Liquidia). Liquidia shall notify GSK of any deficiency in any invoice delivered to Liquidia hereunder promptly, and in no event more than seven (7) Business Days following Liquidia’s receipt thereof. The Parties hereby delete in its entirety Article 10.5 (a) (i). Article 10.5 (a) (ii) shall be renumbered to Article 10.5 (a) (i).
6.3 The Parties hereby amend Article 10.5 (d) as follows:
