BioThrax Contract. Within thirty (30) days after the Closing Date (or such later date as agreed to by the Administrative Agent in its sole discretion), the Borrower shall deliver to the Administrative Agent assignments and notices of assignment to be submitted to the appropriate Governmental Authority as required to comply with the Federal Assignment of Claims Act of 1940 with respect to the BioThrax Contract pursuant to Section 8.12(e) of the Credit Agreement.
Federal Assignment of Claims Act. The Credit Parties shall execute and deliver such assignments, and take such other action as may be necessary in the reasonable opinion of the Administrative Agent, to comply with the Federal Assignment of Claims Act of 1940 with respect to the BioThrax Contract (it being acknowledged and agreed that each Credit Party shall use commercially reasonable efforts to cause the BioThrax Contract to be free of any restriction on assignment)). In addition, if and within thirty (30) days (or such longer period as agreed to by the Administrative Agent) after such time that the NuThrax Contract has obtained either # full FDA approval or # FDA emergency use authorization pursuant to [Section 564] of the FFDCA, the Borrower shall take such action as may be necessary in the reasonable opinion of the Administrative Agent to comply with the Federal Assignment of Claims Act of 1940, with respect to the NuThrax Contract. For the avoidance of doubt, the Credit Parties shall not be required to comply with the Federal Assignment of Claims Act of 1940 with respect to any contract with a Governmental Authority, including any Material Government Contract, other than the BioThrax Contract and, subject to this clause (e), the NuThrax Contract.
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