Amendment to Preamble. The Preamble is hereby amended by deleting the words "Managing Agent" appearing on the eighth line and substituting therefor the words "Collateral Agent", and by adding the following words immediately prior to the word "as" appearing on the tenth line thereof: ", and the Banks that are parties to the Supplemental Reducing Revolving Loan Agreement (as at any time amended, the "Supplemental Loan Agreement") dated as of March 13, 1997, among Borrowers, certain of the Banks party to the Loan Agreement, and Bank of America National Trust and Savings Association, as Managing Agent".
Amendment to Preamble. The Preamble to the Merger Agreement is hereby amended by deleting the phrase "(this 'Agreement')" in its entirety and inserting in lieu thereof the phrase "(as amended by the Amendment Agreement and Amendment Agreement No. 2, this 'Agreement')".
Amendment to Preamble. The parties hereto hereby agree to amend the Preamble by adding the words “as amended by the First Amendment dated as of March 29, 2007,” immediately following the words “dated as of February 9, 2007,”.
Amendment to Preamble. The preamble of the Original Agreement shall be amended by deleting “RELIANT PHARMACEUTICALS, INC., a corporation organized under the laws of the State of Delaware, with its principal office at 000 X. 00xx Xxxxxx, 00 Xxxxx, Xxx Xxxx, Xxx Xxxx” and substituting “RELIANT PHARMACEUTICALS, LLC, a Delaware limited liability company with its principal office at 000 Xxxxx Xxxx, Liberty Corner, New Jersey 07938” in lieu thereof.
Amendment to Preamble. The first paragraph of the Financing Agreement is hereby amended by deleting the phrase “(together with the Parent and each other Person that executes a joinder agreement and becomes a “Guarantor” hereunder or otherwise guaranties all or any part of the Obligations (as hereinafter defined), each a “Guarantor” and collectively, the “Guarantors”)” and substituting therefor the following: “(together with each other Person that executes a joinder agreement and becomes a “Guarantor” hereunder or otherwise guaranties all or any part of the Obligations (as hereinafter defined), each a “Guarantor” and collectively, the “Guarantors”)”
Amendment to Preamble. The preamble to the Merger Agreement is hereby deleted and replaced in its entirety with the following: “AGREEMENT AND PLAN OF MERGER, dated as of June 11, 2008 (as amended through the date hereof, the “Agreement”), among Invitrogen Corporation, a Delaware corporation (“Parent”), Atom Acquisition, LLC, a Delaware limited liability company and a direct wholly-owned Subsidiary of Parent (“Acquisition Sub”), Atom Acquisition Corporation, a Delaware corporation and a direct wholly-owned Subsidiary of Acquisition Sub (“Merger Sub”), and Applied Biosystems Inc. (formerly known as Applera Corporation), a Delaware corporation (the “Company”).
Amendment to Preamble. The preamble of the Credit Agreement is hereby amended by replacing the reference to “BANK OF AMERICA, N.A., CITIBANK, N.A., THE ROYAL BANK OF SCOTLAND PLC, and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Co-Documentation Agents” with “BANK OF AMERICA, N.A., CITIBANK, N.A., THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., THE BANK OF NOVA SCOTIA, MIZUHO BANK, LTD., and SOCIÉTÉ GÉNÉRALE, as Co-Documentation Agents”.
Amendment to Preamble. (a) The second "
Amendment to Preamble. The Agreement is hereby amended by adding the following paragraph to be inserted as the penultimate “WHEREAS” clause in the preamble section of the Agreement:
Amendment to Preamble. The first paragraph of the Preamble of each of the Warrants is hereby amended and restated in its entirety to read as follows: “Artes Medical USA, Inc., a Delaware corporation (the “Company”), hereby certifies that, for value received, (including any successors and assigns, “Holder”), is entitled immediately upon or after the date hereof, and subject to the terms set forth below, to purchase from the Company at any time or from time to time before the earlier of (i) 5:00 P.M. Pacific Standard Time, on May 1, 2010 or (ii) the closing of (a) the sale, lease, transfer or conveyance of all or substantially all of the assets of the Company or (b) a consolidation of the Company with, or merger of the Company with or into, any person (including any individual, partnership, joint venture, corporation, trust or group thereof) other than a consolidation or merger by the Company with a subsidiary of the Company in which the Company is the continuing entity (the earlier to occur of (i) or (ii) the “Expiration Date”), fully paid and nonassessable shares of the Company’s Common Stock (the “Warrant Shares”), with the number of the Warrant Shares and the exercise price of the Warrant Shares to be determined as follows:”
