SECTION 2. Amendment. The first sentence of Section 6.4 of the Credit _________ ___________ Agreement is hereby deleted in its entirety and replaced by the following:First Amendment • April 4th, 2008 • Nike Inc • Rubber & plastics footwear • Oregon
Contract Type FiledApril 4th, 2008 Company Industry Jurisdiction
Mettler-Toledo International Inc. First Amendment Dated as of December 23, 2021 to Note Purchase Agreement Dated as of December 16, 2020 €125,000,000 1.06% Series 2020-A Senior Notes due March 19, 2036First Amendment • December 29th, 2021 • Mettler Toledo International Inc/ • Laboratory analytical instruments • New York
Contract Type FiledDecember 29th, 2021 Company Industry JurisdictionThis First Amendment dated as of December 23, 2021 (this “First Amendment”) is by and among Mettler-Toledo International Inc., a Delaware corporation (the “Company”), and each of the holders of the Original Notes (as hereinafter defined) (together with their successors and assigns, the “Noteholders”) that are signatories hereto.
FIRST AMENDMENTFirst Amendment • February 28th, 2013 • ACE LTD • Fire, marine & casualty insurance
Contract Type FiledFebruary 28th, 2013 Company IndustryTHIS FIRST AMENDMENT dated as of November 21, 2012 (this “Amendment”) amends the Facility Agreement dated as of November 18, 2010 (the “Agreement”, and as amended by this Amendment, the “Amended Agreement”) between ACE Limited and Lloyds TSB Bank plc. Capitalized terms used but not defined herein have the respective meanings set forth in the Agreement.
FIRST AMENDMENTFirst Amendment • January 30th, 2008 • Sandridge Energy Inc • Crude petroleum & natural gas
Contract Type FiledJanuary 30th, 2008 Company IndustryThis First Amendment (the “Amendment”) is made and entered into as of the 19th day of October, 2006, by and between 1601 Tower Properties, L.L.C., an Oklahoma limited liability company (“LANDLORD”), and Riata Energy, Inc., a Texas corporation, d/b/a SandRidge Energy (“Tenant”).
First Amendment to the Agreement for [***] First Amendment (hereinafter referred to as “AMENDMENT”) to the Agreement for [***] dated 06.11.2019 (hereinafter referred to as “AGREEMENT”) This AMENDMENT is made by and mutually agreed by and between:...First Amendment • December 20th, 2021 • Alvotech Lux Holdings S.A.S.
Contract Type FiledDecember 20th, 2021 CompanyNow, in consideration with what precedes, the Parties hereby wish to modify the AGREEMENT by the present AMENDMENT, which shall become an integral part of the AGREEMENT.
FIRST AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT BETWEEN HIGHLAND FUNDS II, ON BEHALF OF ITS SERIES AS LISTED ON SCHEDULE B, AND STATE STREET BANK AND TRUST COMPANYFirst Amendment • February 11th, 2019 • Highland Global Allocation Fund
Contract Type FiledFebruary 11th, 2019 CompanyThis First Amendment (this “Amendment”) dated as of January 22, 2018 is between HIGHLAND FUNDS II (formerly known as PYXIS FUNDS II), on behalf of its series as listed on Schedule B to the Agreement (as defined below), severally and not jointly, each a registered management investment company organized and existing under the laws of Delaware (each a “Trust”), and STATE STREET BANK AND TRUST COMPANY acting either directly or through any State Street Affiliates (defined below) (collectively, “State Street”).
FIRST AMENDMENTFirst Amendment • October 21st, 2008 • Exelon Corp • Electric & other services combined • Pennsylvania
Contract Type FiledOctober 21st, 2008 Company Industry JurisdictionTHIS FIRST AMENDMENT (this “Amendment”) dated as of September 30, 2008 amends the Credit Agreement dated as of October 26, 2006 (the “Credit Agreement”) among PECO ENERGY COMPANY (the “Borrower”), various financial institutions and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not defined herein have the respective meanings given to them in the Credit Agreement.
FIRST AMENDMENTFirst Amendment • March 9th, 2012 • DEX ONE Corp • Services-advertising • New York
Contract Type FiledMarch 9th, 2012 Company Industry JurisdictionFIRST AMENDMENT, dated as of March 9, 2012 (this “Amendment”), to the Third Amended and Restated Credit Agreement, dated as of January 29, 2010 (as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among R.H. Donnelley Corporation (n/k/a Dex One Corporation), R.H. Donnelley Inc., the several banks and other financial institutions or entities from time to time parties thereto (the “Lenders”), Deutsche Bank Trust Company Americas, as administrative agent (in such capacity, the “Administrative Agent”) and the other agents parties thereto.
FIRST AMENDMENTFirst Amendment • August 19th, 2019 • 10x Genomics, Inc. • Laboratory analytical instruments • California
Contract Type FiledAugust 19th, 2019 Company Industry JurisdictionTHIS FIRST AMENDMENT (this “Amendment”) is dated as of May 20, 2019 (the “Effective Date”) and entered into by and between 6200 STONERIDGE MALL ROAD INVESTORS LLC, a Delaware limited liability company (“Landlord”) and 10X GENOMICS, INC., a Delaware corporation (“Tenant”).
EXHIBIT 10.17.4 FIRST AMENDMENT (this "Amendment"), dated as of March 18, 2002, to that certain Parent Agreement, dated as of August 28, 2000 (the "Parent Agreement"), between LEAP WIRELESS INTERNATIONAL, INC., a Delaware corporation (the "Parent")...First Amendment • March 29th, 2002 • Leap Wireless International Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledMarch 29th, 2002 Company Industry Jurisdiction
FIRST AMENDMENT Dated as of December 9, 2003 to NOTE PURCHASE AGREEMENT Dated as of December 28, 1999First Amendment • March 31st, 2004 • National Consumer Cooperative Bank /Dc/ • Personal credit institutions • New York
Contract Type FiledMarch 31st, 2004 Company Industry JurisdictionTHIS FIRST AMENDMENT dated as of December 9, 2003 (the or this “First Amendment”) to the Note Purchase Agreement dated as of December 28, 1999 is between National Consumer Cooperative Bank (d/b/a/ National Cooperative Bank), a banking corporation chartered pursuant to the National Consumer Cooperative Bank Act, as amended, 12 U.S.C. §§3001-3051 (the “Company”), and each of the institutions which is a signatory to this First Amendment (collectively, the “Noteholders”).
FIRST AMENDMENT TO AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT BETWEEN THE T. ROWE PRICE FUNDS LISTED ON SCHEDULE B AND STATE STREET BANK AND TRUST COMPANYFirst Amendment • June 28th, 2017 • T. Rowe Price Tax-Efficient Funds, Inc. • Massachusetts
Contract Type FiledJune 28th, 2017 Company JurisdictionThis First Amendment (this “Amendment”) dated as of January 22, 2013 is between each T. Rowe Price Fund listed on Schedule B, on behalf of itself or, where noted on Schedule B, on behalf of its series, severally and not jointly (each, a “Fund” and collectively, the “Funds”), and State Street Bank and Trust Company, acting either directly or through any affiliates or subsidiaries (collectively, “State Street”).
FIRST AMENDMENTFirst Amendment • February 17th, 2006 • Pg&e Corp • Electric & other services combined • New York
Contract Type FiledFebruary 17th, 2006 Company Industry JurisdictionFIRST AMENDMENT, dated as of November 30, 2005 (this “First Amendment”), to the Credit Agreement, dated as of April 8, 2005 (as amended, supplemented, restated or otherwise modified from time to time, the “Credit Agreement”) among PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), CITIGROUP GLOBAL MARKETS, INC. and J.P. MORGAN SECURITIES INC., as joint lead arrangers and joint bookrunners (together and in such capacities, the “Arrangers”), JPMORGAN CHASE BANK, N.A. (“JPMorgan Chase Bank”), as syndication agent (in such capacity, the “Syndication Agent”), BARCLAYS BANK PLC, BNP PARIBAS and DEUTSCHE BANK SECURITIES INC., as documentation agents (together and in such capacities, the “Documentation Agents”), and CITICORP NORTH AMERICA, INC. (“Citicorp”), as administrative agent (in such capacity, together with any successors thereto, th
FIRST AMENDMENTFirst Amendment • March 1st, 2018 • FireEye, Inc. • Computer peripheral equipment, nec
Contract Type FiledMarch 1st, 2018 Company IndustryTHIS FIRST AMENDMENT (the “Amendment”) is dated for reference purposes as of December 1, 2016, by and between 601 MCCARTHY OWNER, LLC, a Delaware limited liability company (“Landlord”), and FIREEYE, INC., a Delaware corporation (“Tenant”).
FIRST AMENDMENTFirst Amendment • August 26th, 2014 • NeuroSigma, Inc. • Electromedical & electrotherapeutic apparatus
Contract Type FiledAugust 26th, 2014 Company IndustryTHIS FIRST AMENDMENT (this “Amendment”) is made and entered into as of December 26, 2012, by and between CA-10960 WILSHIRE LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and NEUROSIGMA, INC., a Delaware corporation (“Tenant”).
FIRST AMENDMENTFirst Amendment • March 1st, 2007 • Nu Skin Enterprises Inc • Wholesale-drugs, proprietaries & druggists' sundries
Contract Type FiledMarch 1st, 2007 Company IndustryTHIS FIRST AMENDMENT dated as of December 14, 2001 (this “Amendment”) amends the Credit Agreement dated as of May 10, 2001 (the “Credit Agreement”) among Nu Skin Enterprises, Inc. (the “Company”), various financial institutions (the “Lenders”) and Bank of America, N.A., as administrative agent (in such capacity, the “Administrative Agent”). Terms defined in the Credit Agreement are, unless otherwise defined herein or the context otherwise requires, used herein as defined therein.
FIRST AMENDMENTFirst Amendment • March 4th, 2010 • Pool Corp • Wholesale-misc durable goods • North Carolina
Contract Type FiledMarch 4th, 2010 Company Industry JurisdictionTHIS FIRST AMENDMENT (this “Amendment”), is made and entered into as of this 26th day of February, 2010, with an effective date as set forth in Section 3 hereof, by and among POOL CORPORATION (formerly known as SCP POOL CORPORATION), a Delaware corporation (the “US Borrower”), SCP DISTRIBUTORS INC., a company organized under the laws of Ontario (the “Canadian Borrower” and, together with the US Borrower, the “Borrowers”), the lenders party to the Credit Agreement referred to below (collectively, the “Lenders”) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.
FIRST AMENDMENTFirst Amendment • January 9th, 2018 • Evolus, Inc. • Pharmaceutical preparations
Contract Type FiledJanuary 9th, 2018 Company IndustryThis FIRST AMENDMENT (“First Amendment”) is effective as of February 26, 2014 (“First Amendment Effective Date”), by and between Daewoong Pharmaceutical Co., Ltd. (“DAEWOONG”) and Evolus Inc. (“EVOLUS”), and amends that certain License & Supply Agreement between the Parties dated September 30, 2013 (the “Original Agreement”).
FIRST AMENDMENTFirst Amendment • July 2nd, 2018 • Henry Schein Inc • Wholesale-medical, dental & hospital equipment & supplies • New York
Contract Type FiledJuly 2nd, 2018 Company Industry JurisdictionCREDIT AGREEMENT, dated as of April 18, 2017, among (i) Henry Schein, Inc., a Delaware corporation (the “Parent Borrower”), (ii) the several Lenders party hereto (the “Lenders”), (iii) JPMorgan Chase Bank, N.A., as administrative agent and (iv) U.S. Bank National Association, as syndication agent (in such capacity, the “Syndication Agent”).
FIRST AMENDMENTFirst Amendment • July 28th, 2021 • Core & Main, Inc. • Wholesale-durable goods, nec • New York
Contract Type FiledJuly 28th, 2021 Company Industry JurisdictionTERM LOAN CREDIT AGREEMENT, dated as of August 1, 2017, among CD&R WATERWORKS MERGER SUB, LLC, a Delaware limited liability company (prior to the Waterworks Merger and as further defined in Subsection 1.1, “Passthrough Mergersub”, and as further defined in Subsection 1.1, the “Borrower”), the several banks and other financial institutions from time to time party hereto (as further defined in Subsection 1.1, the “Lenders”) and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity and as further defined in Subsection 1.1, the “Administrative Agent”) for the Lenders hereunder and as collateral agent (in such capacity and as further defined in Subsection 1.1, the “Collateral Agent”) for the Secured Parties (as defined in Subsection 1.1).
FIRST AMENDMENTFirst Amendment • October 3rd, 2011 • Dominion Resources Inc /Va/ • Electric services • New York
Contract Type FiledOctober 3rd, 2011 Company Industry JurisdictionFIRST AMENDMENT, dated as of October 1, 2011 (this “Amendment”), to the Three-Year Revolving Credit Agreement, dated as of September 24, 2010 (the “Credit Agreement”), among DOMINION RESOURCES, INC., a Virginia corporation, VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia corporation (each of the above, individually, a “Borrower” and collectively, the “Borrowers”), the several banks and other financial institutions from time to time parties thereto (the “Lenders”), JPMORGAN CHASE BANK, N.A., as administrative agent (the “Administrative Agent”) and the other agents party thereto.
ContractFirst Amendment • December 5th, 2012 • Genesis Group Holdings Inc • Services-business services, nec • New York
Contract Type FiledDecember 5th, 2012 Company Industry JurisdictionFIRST AMENDMENT, dated as of November 13, 2012 (“Amendment”), executed in connection with the LOAN AND SECURITY AGREEMENT, dated as of September 17, 2012 (as such Agreement may hereafter be amended, supplemented or restated from time to time, the “Loan Agreement”), by and among GENESIS GROUP HOLDINGS, INC., a Delaware limited liability company (the “Borrower”), RIVES-MONTEIRO LEASING, LLC, an Alabama limited liability company, TROPICAL COMMUNICATIONS, INC., a Florida corporation, and each other Person that is now or may from time to time hereafter become a party thereto as a guarantor (collectively, the “Guarantors,” and each a “Guarantor”), MIDMARKET CAPITAL PARTNERS, LLC, a Delaware limited liability company (“MMCP”), in its capacity as agent for the Lenders, as hereinafter defined (in such capacity, the “Agent”), and each of the financial institutions which is now or which hereafter becomes a party thereto as a lender (each individually a “Lender”, and collectively, the “Lenders”).
AMENDED AND RESTATED FIRST AMENDMENT TO SUBLEASEFirst Amendment • November 2nd, 2017 • Radius Health, Inc. • Pharmaceutical preparations
Contract Type FiledNovember 2nd, 2017 Company IndustryThis AMENDED AND RESTATED FIRST AMENDMENT (this “First Amendment”) dated as of August 1, 2017, by and between ROVI CORPORATION, a Delaware corporation (“Sublandlord”) and RADIUS HEALTH, INC., a Delaware corporation (“Subtenant”).
AGREEMENT AMENDING THE ST. HELENS POLICE 2020 – 2025 COLLECTIVE BARGAINING AGREEMENTFirst Amendment • October 14th, 2020
Contract Type FiledOctober 14th, 2020RECITAL; The parties wish to amend “Article 23 – Clothing, Uniforms and Duty Weapon” of their collective bargaining agreement. In accordance with Article 31, by this Agreement the Parties hereby amend and replace the article in that Agreement to provide terms as hereinafter set forth in this Amendment.
AMENDMENTFirst Amendment • January 14th, 2004 • Pacific Ring Enterprises Inc • Functions related to depository banking, nec • New York
Contract Type FiledJanuary 14th, 2004 Company Industry JurisdictionFIRST AMENDMENT (this “Amendment”), effective as of November 13, 2003, to the Exchange Agreement (the “Exchange Agreement”), dated as of November 13, 2003, by and between DFG Holdings, Inc., a Delaware corporation (the “Company”), GS Mezzanine Partners, L.P., a limited partnership organized under the laws of Delaware (“GS Mezzanine”), GS Mezzanine Partners Offshore, L.P., an exempted limited partnership organized under the laws of the Cayman Islands (“GS Mezzanine Offshore”), Stone Street Fund 1998, L.P., a limited partnership organized under the laws of Delaware (“Stone Street”), Bridge Street Fund 1998, L.P., a limited partnership organized under the laws of Delaware (“Bridge Street”, and collectively with Stone Street, GS Mezzanine and GS Mezzanine Offshore, the “GSMP Purchasers”), Ares Leveraged Investment Fund, L.P., a limited partnership organized under the laws of Delaware (“Ares I”) and Ares Leveraged Investment Fund II, L.P., a limited partnership organized under the laws of D
FIRST AMENDMENTFirst Amendment • November 6th, 2007 • UCI Holdco, Inc. • New York
Contract Type FiledNovember 6th, 2007 Company JurisdictionFIRST AMENDMENT, dated as of December 22, 2003 (this “Amendment”), to the Credit Agreement, dated as of June 20, 2003 (as amended from time to time, the “Credit Agreement”), among UNITED COMPONENTS, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), LEHMAN BROTHERS INC. and J.P. MORGAN SECURITIES INC., as joint advisors, joint lead arrangers and joint bookrunners (in such capacity, the “Joint Lead Arrangers”), JPMORGAN CHASE BANK, as syndication agent (in such capacity, the “Syndication Agent”), ABN AMRO BANK N.V., CREDIT LYONNAIS, NEW YORK BRANCH, FLEET NATIONAL BANK and GENERAL ELECTRIC CAPITAL CORPORATION, as co-documentation agents (in such capacity, the “Co-Documentation Agents”), and LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the “Administrative Agent”).
AMB PROPERTY II, L.P. FIRST AMENDMENT TO FOURTEENTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPFirst Amendment • March 3rd, 2008 • Amb Property Lp • Real estate • Delaware
Contract Type FiledMarch 3rd, 2008 Company Industry JurisdictionThis First Amendment (this “Amendment”) is made as of January 1, 2008, by AMB PROPERTY HOLDING CORPORATION, a Maryland corporation, as general partner (the “General Partner”) of AMB PROPERTY II, L.P., a Delaware limited partnership (the “Partnership”), and as attorney-in-fact for each of the limited partners of the Partnership (collectively, the “Limited Partners”) for the purpose of amending the Fourteenth Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of February 22, 2007 (the “Partnership Agreement”). All defined terms used herein but not defined herein have the meanings assigned to them in the Partnership Agreement.
FIRST AMENDMENTFirst Amendment • February 3rd, 2017 • Symantec Corp • Services-prepackaged software • New York
Contract Type FiledFebruary 3rd, 2017 Company Industry JurisdictionTHIS FIRST AMENDMENT, dated as of December 12, 2016 (this “First Amendment”), by and among Symantec Holdings Limited, a company organized in Ireland (the “Borrower”), the guarantors party hereto (collectively, the “Guarantors”), the Lenders (as defined below) party hereto and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
FIRST AMENDMENT (5980 Horton Street, Emeryville, California)First Amendment • January 16th, 2024 • Kyverna Therapeutics, Inc. • Biological products, (no disgnostic substances)
Contract Type FiledJanuary 16th, 2024 Company Industry
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERFirst Amendment • August 8th, 2005 • Genaissance Pharmaceuticals Inc • Services-commercial physical & biological research
Contract Type FiledAugust 8th, 2005 Company IndustryThis First Amendment (the “First Amendment”) to that certain Agreement and Plan of Merger (the “Merger Agreement”), dated as of June 20, 2005, by and among Clinical Data, Inc., a Delaware corporation (“Parent”), Safari Acquisition Corporation, a Delaware corporation and wholly-owned subsidiary of Parent (“Transitory Subsidiary”), and Genaissance Pharmaceuticals, Inc., a Delaware corporation (the “Company”), hereby amends the Merger Agreement effective as of this 28th day of July, 2005, as follows:
FIRST AMENDMENT TO INDENTURE (2011-1)First Amendment • April 1st, 2013 • LEAF Equipment Finance Fund 4, L.P. • Services-miscellaneous equipment rental & leasing
Contract Type FiledApril 1st, 2013 Company IndustryThis First Amendment (this “Amendment”) to the Indenture referenced below is entered into as of February 25, 2013, by and among LEAF Receivables Funding 6, LLC, a Delaware limited liability company, as Issuer (the “Issuer”), and U.S. Bank National Association (“U.S. Bank”), as Trustee (the “Trustee”) and as Custodian (the “Custodian”).
ContractFirst Amendment • July 26th, 2006 • Phelps Dodge Corp • Primary smelting & refining of nonferrous metals • New York
Contract Type FiledJuly 26th, 2006 Company Industry JurisdictionFIRST AMENDMENT (the “Amendment”) to the Change of Control Agreement (the “Agreement”) dated as of , 200 , by and between [ ] (the “Executive”) and Phelps Dodge Corporation, a New York corporation (the “Corporation”), dated as of , 2006. Terms used without definition herein shall have the respective meanings set forth in the Agreement.
ContractFirst Amendment • February 16th, 2018 • Abbott Laboratories • Pharmaceutical preparations • New York
Contract Type FiledFebruary 16th, 2018 Company Industry JurisdictionThis FIRST AMENDMENT, dated as of September 29, 2017 (this “Amendment Agreement”), to that certain Term Loan Agreement, dated as of July 31, 2017 (as amended from time to time prior to the date hereof, the “Existing Credit Agreement”; and the Existing Credit Agreement as amended by the Amendments (as defined below), the “Amended Credit Agreement”), by and among Abbott Laboratories, as Borrower (the “Borrower”), the lenders party thereto (the “Lenders”), and Bank of America, N.A., as administrative agent (the “Administrative Agent”), is made by and among the Borrower, the Lenders and the Administrative Agent. Unless otherwise defined herein, terms defined in the Amended Credit Agreement (as defined below) and used herein shall have the meanings given to them in the Amended Credit Agreement.
FIRST AMENDMENT TO BUSINESS COMBINATION AGREEMENTFirst Amendment • February 19th, 2020 • Tiberius Acquisition Corp • Insurance agents, brokers & service
Contract Type FiledFebruary 19th, 2020 Company IndustryThis First Amendment (this “First Amendment”) to Business Combination Agreement is made and entered into effective as of February 12, 2020, by and among (i) Tiberius Acquisition Corporation, a Delaware corporation (including any successor thereto, “Purchaser”), (ii) Lagniappe Ventures LLC, a Delaware limited liability company (the “Sponsor”), solely in its capacity under the Business Combination Agreement (as defined below) as the Purchaser Representative (the “Purchaser Representative”), (iii) International General Insurance Holdings Ltd., a company organized under the laws of the Dubai International Financial Centre (the “Company”), (iv) Wasef Jabsheh in his capacity under the Business Combination Agreement as the Seller Representative (the “Seller Representative”), (v) International General Insurance Holdings Ltd., a Bermuda exempted company (“Pubco”), and (vi) Tiberius Merger Sub, Inc., a Delaware corporation and wholly-owned subsidiary of Pubco (“Merger Sub”). Any capitalized term
FIRST AMENDMENTFirst Amendment • October 17th, 2013 • CymaBay Therapeutics, Inc. • Pharmaceutical preparations
Contract Type FiledOctober 17th, 2013 Company IndustryThis First Amendment (the “First Amendment”), dated April 15, 1999, (“Effective Date of this First Amendment”) entered by and between METABOLEX, INC., a Delaware corporation with a place of business at 3876 Bay Center Place, Hayward, CA 94545 (“Metabolex”), and DIATEX, INC., a Texas corporation with a place of business at 105 Elm Spring Lane, San Antonio, TX 78231 (“DiaTex”) amends the License and Development Agreement by and between the same Parties, dated June 30, 1998 (the “Agreement”). Metabolex and DiaTex may be referred to herein as a “Party” or, collectively, as “Parties.”