[Section 9.11(f)] of the Credit Agreement shall be amended to read “[reserved]”.
[Section 9.18(b)] of the Credit Agreement is hereby amended and restated in its entirety to read in full as follows:
[Section 9.5.1.1] of the Agreement is hereby amended by appending the following to the end thereof:
[Section 9.5.2] of the Agreement is hereby amended by appending the following to the end thereof: “Novartis hereby acknowledges and agrees that Surface has not granted to Novartis any licenses or rights under the Surface Technology to Research, Develop, Manufacture or Commercialize any Adimab Diagnostic Product (as defined in the Adimab Agreement) for a Licensed Target other than solely for the purposes of Research, Development or Commercialization of therapeutic or prophylactic Licensed Products that Specifically Binds to such Licensed Target in accordance with the terms and conditions of this Agreement.”
[Section 9.11] of the Credit Agreement and [Section 20] of the Guarantee provide that additional Subsidiaries of the Borrower may become Guarantors under the Guarantee by execution and delivery of an instrument in the form of this Supplement or as otherwise provided in the Credit Agreement. Elastica, Inc., a Delaware corporation (the New Guarantor), is executing this Supplement in accordance with the requirements of the Credit Agreement to become a Guarantor under the Guarantee in order to induce the Lenders, the Swingline Lender and the Letter of Credit Issuer to make additional Extensions of Credit (and as consideration for Extensions of Credit previously made) and to induce one or more Hedge Banks, Bank Product Providers or Cash Management Banks to enter into Secured Hedge Agreements, Secured Bank Product Agreements and Secured Cash Management Agreements.
[Section 9.4] of the Collateral Agreement is amended to replace the word “Guarantor” appearing therein with the word “Grantor” in each instance.
[Section 9.14] of the Collateral Agreement is amended to # insert the words “Guarantors and” immediately after the word “Additional” appearing therein, # delete the word “Borrower” appearing immediately after the word “Subsidiary” in each case appearing therein and # insert the phrase “Guarantor and” immediately after the phrase “shall become a” appearing therein.
[Section 9.7(f)] of the Credit Agreement is hereby amended by replacing the text “the greater of $100,000,000 and 30.0%” appearing therein with the text “the greater of $60,000,000 and 18.0%”.
[Section 9.1(a)(3)] of the Combination Agreement shall be deleted and replaced in its entirety with the following:
[Section 9.9] of the Credit Agreement is hereby amended by amending the parenthetical in the lead-in to read as follows:
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