OMNIBUS Amendment No. 3 to NOTES
Exhibit 10.20(c)
OMNIBUS Amendment No. 3 to NOTES
This Omnibus Amendment No. 3, dated as of October 23, 2017 (this “Amendment”), is made by and among Ivy Science & Technology Fund, Xxxxxxx & Xxxx Advisors Science & Technology Fund and Ivy VIP Science & Technology (each, a “Lender” and together, the “Lenders”), and Xxxxxxx Bio Innovations, Inc. (the “Borrower”), with respect to those certain senior secured promissory notes, dated August 20, 2015 (each as amended, modified, renewed, extended or amended, restated, or replaced from time to time, a “Note”, and collectively, the “Notes”) which Borrower has issued to the Lenders.
The parties hereto understand and agree that the clause (xix) of the definition of “Permitted Indebtedness” in Annex I (Definitions) of each Note is hereby amended and restated in its entirety as follows: “(xix) Indebtedness of the Borrower owing to Ospraie Management, LLC (and its successors and assigns) from time to time under the Amended and Restated Promissory Note, originally issued on October 12, 2017 and amended and restated on or about the date hereof, and all other obligations incurred thereunder, and any similar term in any amendment, restatement, modification, replacement, refinancing, refunding, renewal or extension thereof.”
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first above written.
| LENDER: | ||
| IVY SCIENCE & TECHNOLOGY FUND | ||
| By: | Ivy Investment Management Company, its Manager | |
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: | Xxxxxxx X. Xxxxxxx | |
| Title: | SVP | |
| XXXXXXX & XXXX ADVISORS SCIENCE & TECHNOLOGY FUND | ||
| By: | Xxxxxxx & Xxxx Investment Management Company, its Manager | |
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: | Xxxxxxx X. Xxxxxxx | |
| Title: | SVP | |
| IVY VIP SCIENCE & TECHNOLOGY | ||
| By: | Ivy Investment Management Company, its Manager | |
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: | Xxxxxxx X. Xxxxxxx | |
| Title: | SVP | |
| BORROWER: | ||
| XXXXXXX BIO INNOVATIONS, INC. | ||
| By: | /s/ Xxxxx X. Xxxx | |
| Name: | Xxxxx X. Xxxx | |
| Title: | President and Chief Financial Officer | |
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