Notwithstanding [Section 4.02(a)], a Category 1 Subsidiary shall be entitled to Incur or cause or permit the Incurrence of any or all of the following Indebtedness:

Notwithstanding [Section 4.02(b)], no Category 1 Subsidiary shall Incur any Indebtedness pursuant to [Section 4.02(b)] if the proceeds thereof are used, directly or indirectly, to Refinance any Subordinated Obligations of any Category 1 Subsidiary unless such Indebtedness shall # not be secured by a Lien on any property or asset and # be subordinated in right of payment to the applicable Note Guarantee to at least the same extent as such Subordinated Obligations.

Notwithstanding [Section 4.3(a)], any adjustments made pursuant to [Section 4.3(a)] shall be made in such a manner as to ensure that after such adjustment, the Awards continue not to be deferred compensation subject to Code [Section 409A] (or if such Awards are already subject to Code [Section 409A], so as not to give rise to liability under Code [Section 409A]).

Notwithstanding [Section 4.3(B)], Catalent shall supply Client with, and shall use commercially reasonable efforts to supply Client in excess of, quantities of Product which are up to ​ of the quantities specified in the Firm Commitment, subject to Catalent’s other supply commitments and manufacturing, packaging and equipment capacity.

Notwithstanding [Section 4.1(a)] of the Agreement, if Alvogen is obligated to refund either # ​ and/or # ​, in each case (i) and (ii), if ​, then [[Pfenex:Organization]] shall refund ​. For clarity, no such refund shall be owed to Alvogen by [[Pfenex:Organization]] if ​. Notwithstanding anything to the contrary in this [Section 1(b)], [[Pfenex:Organization]]’s obligation to refund Alvogen such amounts is contingent on ​. Without limiting the foregoing, Alvogen shall promptly notify [[Pfenex:Organization]] (and in any event, within five (5) business days) upon learning whether a human clinical trial with respect to the Product is required in Canada.

Notwithstanding [Section 4.02(a)], the Company and its Subsidiaries shall be entitled to Incur or cause or permit the Incurrence of any or all of the following Indebtedness:

Notwithstanding [Section 4.06(a) and (b)])], the Investor Parties will not at any time, directly or knowingly indirectly (without the prior written consent of the Board), Transfer any Common Stock:

Notwithstanding [Section 4.02(b)], neither the Company nor any Subsidiary shall Incur any Indebtedness pursuant to [Section 4.02(b)] if the proceeds thereof are used, directly or indirectly, to Refinance any Subordinated Obligations of the Company or any Subsidiary unless such Indebtedness shall # not be secured by a Lien on any property or asset and # be subordinated in right of payment to the Securities or the applicable Note Guarantee to at least the same extent as such Subordinated Obligations.

Notwithstanding [Section 4.7(I)], and subject to either # all Lenders holding Loans and Commitments under this Agreement having approved this [Section 4.7(II)] (it being understood that all of the Lenders holding the Term B-6 Loans shall be deemed to have approved this [Section 4.7(II)]) and/or # all Loans or Commitments of any Non-Consenting Lenders of this [Section 4.7(II)] having been repaid and/or terminated, as applicable, then, notwithstanding anything to the contrary herein or in any other Loan Document, [Section 4.7(I)] shall be of no further effect and this [Section 4.7(II)] shall apply in its place:

Notwithstanding [Section 4.06(a) and (b)])], until the earlier of # the CFIUS Cure Failure and # the later of # the first day on which no Investor Director Designee serves on the Board or # the Fall-Away of Investor Board Rights, the Investor will not, and will cause its Affiliates not to, Hedge, without the prior written approval of the Board.