of the Note Agreement. Section 9.02 of the Note Agreement is hereby amended to read in its entirety as follows:
of the Note Agreement. Section 5.1 of the Note Agreement is hereby amended by inserting the following new defined term in the appropriate alphabetical order:
of the Note Agreement. Section 5.21 of the Note Agreement is hereby amended by deleting such section in its entirety and substituting the following section therefor:
of the Note Agreement. Section 9.11 of the Note Agreement is amended by deleting paragraphs (k) and (l) in their entirety and, in lieu of those deleted paragraphs, inserting the following paragraphs (k), (l) and (m):
of the Note Agreement. The first sentence of Paragraph 1 of the Note Agreement is amended by replacing the words "May 30, 2003" with the words "June 27, 2003".
of the Note Agreement. The Company represents and warrants that the representations and warranties contained in Section 5 of the Note Agreement are true and correct as of the date hereof, except (i) to the extent that any of such representations and warranties specifically relate to an earlier date, (ii) for such changes, facts, transactions, and occurrences that have arisen since December 19, 2013 in the ordinary course of business, and (iii) for other changes that could not reasonably be expected to have a Material Adverse Effect. 5.
of the Note Agreement. If you agree to the terms and provisions of this Letter Waiver, please evidence such agreement by executing and returning a counterpart of this Letter Waiver to the undersigned. This Letter Waiver may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Letter Waiver by telecopier shall be effective as delivery of a manually executed counterpart of this Letter Waiver. This Letter Waiver shall be governed by, and construed in accordance with, the laws of the State of Maryland, without reference to the conflicts of laws provisions thereof. Sincerely, IGI, INC. By: /s/ Robexx X. XxXxxxxx ---------------------------------------- Name: Robexx X. XxXxxxxx Title: Secretary IGEN, INC. By: /s/ Robexx X. XxXxxxxx ---------------------------------------- Name: Robexx X. XxXxxxxx Title: Secretary By: /s/ Robexx X. XxXxxxxx ---------------------------------------- Name: Robexx X. XxXxxxxx Title: Secretary BLOOD CELLS, INC. Agreed as of the date first above written: AMERICAN CAPITAL STRATEGIES, LTD. By: ----------------------------------- ACS FUNDING TRUST I
of the Note Agreement. Section 6.11 of the Note Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding anything in this Section 6.11 to the contrary, the Company and the Subsidiary Guarantors shall be permitted to maintain not subject to the Administrative Agent’s control that certain Securities Account of the Company held at Wachovia Bank the last four digits of which are 0631 (or any successor or replacement account) used solely for the purpose of holding the Company’s treasury stock.”
of the Note Agreement. Insert the words "and upon the occurrence and during the continuance of an Event of Default" in the seventh line of paragraph 1 after the words "on overdue payments".
of the Note Agreement. The introductory paragraph of Section 8.3 of the Note Agreement is amended by inserting after the words "any Lien on its properties or assets, whether now owned or hereafter acquired" and before the comma following immediately thereafter the parenthetical phrase "(unless, concurrently with the incurrence, assumption or creation of such Lien, the Company makes, or causes to be made, effective provision whereby the Notes are equally and ratably secured by a Lien on the same property or assets)".
