AMENDED AND RESTATED AGENCY AGREEMENT Dated as of June 30, 2003 between HUMAN GENOME SCIENCES, INC., as the Construction Agent, and WACHOVIA DEVELOPMENT CORPORATION, as the LessorAgency Agreement • August 11th, 2003 • Human Genome Sciences Inc • In vitro & in vivo diagnostic substances • New York
THIS AMENDED AND RESTATED AGENCY AGREEMENT, dated as of June 30, 2003 (as amended, modified, extended, supplemented and/or restated from time to time, the “Agreement”), is between WACHOVIA DEVELOPMENT CORPORATION, a North Carolina corporation (the “Lessor”) and HUMAN GENOME SCIENCES, INC., a Delaware corporation (the “Construction Agent”).
AMENDED AND RESTATED PARTICIPATION AGREEMENT AND APPENDIX A Dated as of June 30, 2003 among HUMAN GENOME SCIENCES, INC., as the Construction Agent and as the Lessee, WACHOVIA DEVELOPMENT CORPORATION, as the Borrower and as the Lessor, VARIABLE FUNDING...Participation Agreement • August 11th, 2003 • Human Genome Sciences Inc • In vitro & in vivo diagnostic substances • New York
THIS AMENDED AND RESTATED PARTICIPATION AGREEMENT, dated as of June 30, 2003 (as amended, modified, extended, supplemented and/or restated from time to time, this “Agreement”) is by and among HUMAN GENOME SCIENCES, INC., a Delaware corporation (the “Lessee” or the “Construction Agent”); WACHOVIA DEVELOPMENT CORPORATION, a North Carolina corporation (the “Borrower” or the “Lessor”); VARIABLE FUNDING CAPITAL CORPORATION, a Delaware corporation (the “Conduit”), as a holder of a Credit Note; the Conduit, as a holder of a Mortgage Note; the various banks and other financial institutions which are parties hereto from time to time as investors (individually, an “Investor” and collectively, the “Investors”; each of the Conduit and the Investors, as a holder of a Credit Note, individually, a “Credit Lender” and collectively, the “Credit Lenders”; each of the Conduit and the Investors, as a holder of a Mortgage Note, individually, a “Mortgage Lender” and collectively, the “Mortgage Lenders”; eac
AMENDED AND RESTATED SECURITY AGREEMENT Dated as of June 30, 2003 between WACHOVIA DEVELOPMENT CORPORATION, as the Borrower and WACHOVIA BANK, NATIONAL ASSOCIATION, as the Agent for the Secured Parties and accepted and agreed to by HUMAN GENOME...Security Agreement • August 11th, 2003 • Human Genome Sciences Inc • In vitro & in vivo diagnostic substances • New York
THIS AMENDED AND RESTATED SECURITY AGREEMENT, dated as of June 30, 2003 (as amended, modified, extended, supplemented and/or restated from time to time, this “Security Agreement”), is made between WACHOVIA DEVELOPMENT CORPORATION, a North Carolina corporation, as the borrower (the “Borrower”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Bank”), as agent for (a) the Credit Lenders (hereinafter defined) under the Amended and Restated Credit Agreement (Credit Loans) dated as of June 30, 2003 (as amended, modified, extended, supplemented and/or restated from time to time, the “Credit Loan Agreement”) by and among the Borrower, Variable Funding Capital Corporation (“VFCC”) and the several banks and other financial institutions from time to time parties thereto (VFCC and the foregoing banks and financial institutions are collectively referenced as the “Credit Lenders”) and Wachovia Bank, National Association, as the agent for the Credit Lenders, (b) the Mort
AMENDED AND RESTATED LEASE AGREEMENT Dated as of June 30, 2003 between WACHOVIA DEVELOPMENT CORPORATION, as Lessor, and HUMAN GENOME SCIENCES, INC., as LesseeLease Agreement • August 11th, 2003 • Human Genome Sciences Inc • In vitro & in vivo diagnostic substances • New York
THIS AMENDED AND RESTATED LEASE AGREEMENT dated as of June 30, 2003 (as amended, modified, extended, supplemented and/or restated from time to time, this “Lease”) is between WACHOVIA DEVELOPMENT CORPORATION, a North Carolina corporation, as lessor (the “Lessor”), and HUMAN GENOME SCIENCES, INC., a Delaware corporation, as lessee (the “Lessee”). All terms which are defined in this Agreement are subject to rules of usage and the definitions of such terms set forth in Appendix A to the Participation Agreement.
OMNIBUS AGREEMENTOmnibus Agreement • August 11th, 2003 • Human Genome Sciences Inc • In vitro & in vivo diagnostic substances • Maryland
THIS OMNIBUS AGREEMENT (this “Agreement”) dated as of June 26, 2003 (the “Effective Date”), is made among MARYLAND ECONOMIC DEVELOPMENT CORPORATION, a body politic and corporate and public instrumentality of the State of Maryland (the “Issuer”); WELLS FARGO BANK NORTHWEST, NATIONAL ASSOCIATION, not in its individual capacity, but solely as Owner Trustee under that certain Trust Agreement dated as of October 25, 2001 (the “Owner Trustee”); VAL T. ORTON, not in his individual capacity, but solely as Maryland Trustee appointed pursuant to that certain Trust Agreement dated as of October 25, 2001 (the “Maryland Trustee”); HUMAN GENOME SCIENCES, INC., a Delaware corporation, acting in its capacity as Lessee (the “Lessee”); HUMAN GENOME SCIENCES, INC., a Delaware corporation, acting in its capacity as Guarantor (the “Guarantor”); HUMAN GENOME SCIENCES, INC., a Delaware corporation, acting in its capacity as Pledgor (the “Pledgor”); ALLFIRST BANK, a Maryland banking corporation, and a divisio
AMENDED AND RESTATED ASSIGNMENT OF LIQUID COLLATERAL AGREEMENTAssignment of Liquid Collateral Agreement • August 11th, 2003 • Human Genome Sciences Inc • In vitro & in vivo diagnostic substances
THIS AMENDED AND RESTATED ASSIGNMENT OF LIQUID COLLATERAL ACCOUNT (as amended, modified, extended, supplemented and/or restated from time to time, the “Assignment”) is made as of June 30, 2003, by HUMAN GENOME SCIENCES, INC., a Delaware corporation (the “Pledgor”), to WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as agent for the Secured Parties (the “Agent”). Capitalized terms used herein but not otherwise defined shall have the meanings provided in the Participation Agreement (hereinafter defined). All terms which are defined in this Assignment are subject to the rules of usage of such terms set forth in Appendix A to the Participation Agreement.
