Release Process. Amounts shall be released from the Withheld Funds for the purposes set forth in [Sections 4.3] above upon a request from Purchaser, in the manner and following the procedures set forth below:

The Parties have agreed on an independent third party to act as an information gatekeeper (the “Gatekeeper”) through which # the Parties have worked, prior to the Effective Date, to identify the Initial Target, and # during the Research Term: ​ The costs of the Gatekeeper shall be shared equally by the Parties.

Process Agent. For the purposes of [Section 13(c)] of the ISDA Form:

Process Improvements. The Parties currently envisage to improve the manufacturing process for the Products in order to reduce processing times resulting in an increased output of Batches per calendar week. If the Parties mutually agree that the currently envisaged improved process has been successfully established at APCETH’s Facility, # ​, and # ​.

Process Yield. The Parties will meet on ​ basis during the Term to review the Batch yields for the Drug Substance Manufactured during the prior ​. If the Drug Substance Batch production yield is repeatedly above or below the agreed upon average yield described in Section 2.3, as such average yield may be adjusted during the Term pursuant to the Continuous Improvement Program, the Parties will evaluate such trends and agree to negotiate in good faith a fair and equitable adjustment to the pricing for the Drug Substance.

Legal Process. In the event that Executive or any of Executive’s affiliates is requested or required (by deposition, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demand or similar process), in connection with any legal proceeding before any governmental entity, to disclose any Confidential Information or Trade Secrets during the applicable restricted period specified in Section 8.1, Executive shall deliver prompt written notice to the General Counsel of the Company of such request or requirement (except to the extent prohibited by applicable law) so that the Company may, at its expense, seek an appropriate protective order or other remedy and Executive shall cooperate with the Company, at the Company’s expense, to obtain such protective order. In the event that such protective order or other remedy is not obtained or the Company waives in writing compliance with this Section 8, Executive shall furnish only that portion of the Confidential Information or Trade Secrets which is legally required to be disclosed.

Additional Members may join the Company upon the vote of the Board, subject to [Section 9.5(b)(ii)].

The Borrower is insolvent or enters into bankruptcy process and fails to remedy or terminate the bankruptcy process within sixty (60) days upon the occurrence of such events.

Process Agent. If a party or its Credit Support Provider is or becomes organized outside the United States of America, then promptly upon written demand an agent for service of process in the United States reasonably satisfactory to the other party shall be irrevocably appointed by such party or its Credit Support Provider, as the case may be, and the other party shall be provided with a copy of such agent’s written acceptance of such appointment. Subject to the foregoing, for the purpose of [Section 13(c)]:

Approval Process. Landlord shall notify Tenant whether it approves of the submitted working drawings within ten business days after Tenant's submission thereof. If Landlord disapproves of such working drawings, then Landlord shall notify Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Tenant shall, within five business days after such notice, revise such working drawings in accordance with Landlord's objections and submit the revised working drawings to Landlord for its review and approval. Landlord shall notify Tenant in writing whether it approves of the resubmitted working drawings within five business days after its receipt thereof. This process shall be repeated until the working drawings have been finally approved by Tenant and Landlord. If Landlord fails to notify Tenant that it disapproves of the initial working drawings within ten business days (or, in the case of resubmitted working drawings, within five business days) after the submission thereof, then Landlord shall be deemed to have approved the working drawings in question.