Common use of Trustee Capacity of Wilmington Trust Company Clause in Contracts

Trustee Capacity of Wilmington Trust Company. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (i) this Amendment No. Four is executed and delivered by Wilmington Trust Company, not individually or personally but solely in its trustee capacity, in the exercise of the powers and authority conferred and vested in it under the Amended and Restated Trust Agreement dated as of August 9, 2011, among State Street Custodial Services (Ireland) Limited. as Trustee of Royalty Pharma Select, and Wilmington Trust Company, as owner trustee of Seller, (ii) each of the representations, undertakings and agreements herein made on the part of Seller is made and intended not as a personal representation, undertaking or agreement by Wilmington Trust Company but is made and intended for the purpose of binding only Seller and (iii) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of Seller or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Seller under this Amendment No. Four or any related documents. Dated: October 8, 2013 EXAGEN DIAGNOSGICS, INC. ROYALTY PHARMA COLLECTION TRUST By Wilmington Trust Company, not in its individual capacity, but solely in its capacity as owner trustee By: /s/ Xxx Xxxxx By: /s/ Xxxxxx X. Xxxxxx Its Xxx Xxxxx Its Xxxxxx X. Xxxxxx Assistant Vice President

Trustee Capacity of Wilmington Trust Company. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (i) this Amendment No. Four is executed and delivered by Wilmington Trust Company, not individually or personally but solely in its trustee capacity, in the exercise of the powers and authority conferred and vested in it under the Amended and Restated Trust Agreement dated as trust agreement of August 9, 2011, among State Street Custodial Services (Ireland) Limited. as Trustee of Royalty Pharma Select, and Wilmington Trust Company, as owner trustee of Sellerthe Purchaser, (ii) each of the representations, undertakings and agreements herein made on the part of Seller the Purchaser is made and intended not as a personal representation, undertaking or and agreement by Wilmington Trust Company but is made and intended for the purpose of binding only Seller the Purchaser and (iii) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of Seller the Purchaser or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Seller the Purchaser under this Amendment No. Four or any related documents. DatedConfidential Treatment Requested by Royalty Pharma plc Pursuant to 17 C.F.R. Section 200.83 In Witness Whereof, Seller and Purchaser have entered into this Amendment by their duly authorized representatives as of the Amendment Effective Date. RPI Finance Trust By: October 8, 2013 EXAGEN DIAGNOSGICS, INC. ROYALTY PHARMA COLLECTION TRUST By Wilmington Trust Company, not in its individual capacity, capacity but solely in its capacity as owner trustee Cystic Fibrosis Therapeutics, Inc. By: /s/ Xxx Xxxxx Xxxx X. Xxxxxxx By: /s/ Xxxxxx X.X. Xxxxxxxx Name: Xxxx X. Xxxxxx Its Xxx Xxxxx Its Xxxxxx X. Xxxxxx Xxxxxxx Name: X.X. Xxxxxxxx Title: Assistant Vice PresidentPresident Title: President & CEO Cystic Fibrosis Foundation (solely with respect to Section 2.2B of Paragraph 3 of this Amendment) By: /s/ X.X. Xxxxxxxx Name: X.X. Xxxxxxxx Title: President & CEO