Limitations. Executive agrees that he shall not be entitled to any pro-rated payment of the Annual Performance Bonus for the year of Executive’s termination. Notwithstanding any other provision in this Agreement or the terms of any severance plan or policy maintained by the Company or its affiliates to the contrary, if the Executive is entitled to the severance benefit provided in Section 6(g)(i) or (6(g)(ii), the Executive shall not be entitled to receive any other payments or benefits under any other severance or similar plan maintained by the Company or its affiliates.

Limitations. The Lien on Collateral granted hereunder is given as security only and shall not subject Agent or any Lender to, or in any way modify, any obligation or liability of any Collateral Party relating to any Collateral.

Limitations. The agreement of Borrower shall not be required for any modification of a Loan Document that deals solely with the rights and duties of Lenders, Issuing Bank and/or Agent as among themselves. Only the consent of the parties to any agreement relating to fees or a Bank Product shall be required for modification of such agreement, and no Bank Product provider (in such capacity) shall have any right to consent to modification of any Loan Document. Any waiver or consent granted by Agent, Issuing Bank or Lenders hereunder shall be effective only if in writing and only for the matter specified.

Limitations. This Right of First Offering shall not apply to space that is currently vacant until such currently vacant space is leased, occupied and subsequently becomes vacant. The Right of First Offering is also subject and subordinate to # any rights of first offer, rights of first refusal, or other expansion rights of # Hewlett Packard Enterprise Company, a Delaware corporation (together with its successors and assigns, “HPE”) (or HPE’s affiliates that control, are controlled by or are under common control with HPE) under that certain Option Rights and Competitor Restriction Agreement executed as of March 23, 2018, between Landlord, as Owner, and HPE, as Tenant, (“HPE Expansion Rights”) or # McAfee, LLC (together with its successors and assigns by merger, consolidation, sale of all or substantially all of its equity interests, reorganization, or sale of all or substantially of its assets “McAfee”) (or McAfee’s affiliates that control, are controlled by or are under common control with McAfee) under that certain Office Lease dated April 10, 2019 (“McAfee Expansion Rights”) between Landlord and McAfee with respect to the portion of the Right of First Offering Space located on the first floor of the Building and not currently leased by McAfee as outlined on [Exhibit E] attached hereto and made a part hereof (“Vacant First Floor Space”) and # the right of Landlord to renew or extend the term of the following leases or subleases (whether or not, the renewal or extension is on the exact terms contained in the applicable tenant’s lease, subtenant’s sublease or consummated pursuant to a lease amendment or a new lease and regardless of whether such lease or sublease contained a written renewal option) (“Other Tenant Renewal Rights”): # that certain Office Lease dated April 10, 2019, between Landlord and McAfee, LLC of the Right of First Offering Space (except for the Vacant First Floor Space, unless leased by McAfee in connection with the McAfee Expansion Rights), # each and any lease of Right of First Offering Space entered into in connection with the HPE Expansion Rights, # each and any lease or sublease of Right of First Offering Space entered into in connection with McAfee Expansion Rights (such HPE Expansion Rights, McAfee Expansion Rights and Other Tenant Renewal Rights, collectively, referred to as “Senior Rights”).

Limitations. Notwithstanding anything in this [Section 5.3.1.4] to the contrary, Tenant’s indemnity of Landlord shall not be applicable to claims based upon Existing Hazardous Materials. “Existing Hazardous Materials” shall mean Hazardous Materials located on the Property in violation of applicable Environmental Laws as of the date of this Lease. Landlord represents, to its actual knowledge, that there are no Existing Hazardous Materials in, on, under or about the Premises on the date this Lease is executed by Landlord and Tenant.

Limitations. Notwithstanding any other provisions of this [Section 2.05], to the extent that any or all of the Net Cash Proceeds of any Disposition by a Foreign Subsidiary (other than a Loan Party) or of any Involuntary Disposition with respect to assets of a Foreign Subsidiary (other than a Loan Party) would, in any such case, give rise to a prepayment event pursuant to [Section 2.05(b)(i)], to the extent that the Borrower has determined in good faith after consultation

Limitations. For the avoidance of doubt, the maximum amount of Milestone Payments that could potentially be payable by Cell Medica to Baylor under [Section 5.14(a) or 5.14(b)])] if all of the Milestone Events (i.e., all of Milestone Events 1 through 6 set out in the Milestone Chart) are achieved (if any) is ​.

Limitations. Each Option will be designated in the Award Agreement as either an Incentive Stock Option or a Nonstatutory Stock Option. Notwithstanding such designation, however, to the extent that the aggregate fair market value of the shares with respect to which incentive stock options are exercisable for the first time by the Participant during any calendar year (under all plans of the Company and any Parent or Subsidiary) exceeds one hundred thousand dollars ($100,000), such options will be treated as nonstatutory stock options. For purposes of this Section 6.3, incentive stock options will be taken into account in the order in which they were granted, the fair market value of the shares will be determined as of the time the option with respect to such shares is granted, and calculation will be performed in accordance with Code [Section 422] and the U.S. Treasury Regulations promulgated thereunder.

Limitations. The Company also may exclude the Observer and/or the Board Representative from portions of meetings of the Board of Directors to the extent that the Board of Directors will, in any such portion thereof, be discussing any matters that the Chairman of the Board of Directors determines in good faith is or may be adverse to the interests of Castle Creek provided, however, no matter shall be deemed to be adverse to the interests of Castle Creek merely because such matter may adversely impact the price of any of the Company’s Securities. Castle Creek covenants and agrees to hold all information obtained from the Observer or Board Representative as provided in the prior sentence in confidence and to comply with all requirements and obligations applicable to members of the Board of Directors under the Securities Act, the Exchange Act, the Sarbanes Oxley Act of 2002 and all other Laws, in each case, only to the extent (if at all) applicable to the Observer or Board Member, as the case may be. Each of the parties to this Side Letter Agreement hereby acknowledges that they are aware, and will ensure that their representatives and Affiliates are aware, that the United States securities laws prohibit any person who has material non-public information about a company from purchasing or selling securities of such company, or from communicating such information to any other person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell such securities.

Limitations. This Bill of Sale is made without any representation, warranty or indemnity of any kind whatsoever except as expressly provided in, and subject to the terms and conditions of, the Agreement. In the event of any ambiguity or conflict between the terms and conditions of this Bill of Sale and the terms and conditions of the Agreement, the terms and conditions of the Agreement shall govern and control.