Cancellation of other Obligations. In the event Accentia duly and timely invokes the Restructure Opportunity, including by making the Cash Payment and delivering the Restructure Note in full compliance with the Section 9, then Accentia shall have no further obligation to McKesson under the Biologics Distribution Agreement (other than with respect to any confidentiality provisions, if any), and in particular shall no longer have any obligation to repay the $3,000,000 refundable deposit made by McKesson under the Biologics Distribution Agreement, because all such payment obligations (to the extent unpaid) shall have been incorporated into the sums owing under the Restructure Note.
Appears in 6 contracts
Samples: Debt and Security Agreement, Assumption of Debt and Security Agreement (Accentia Biopharmaceuticals Inc), Assumption of Debt and Security Agreement (Accentia Biopharmaceuticals Inc)
