Amendment of Section 25. 6. Section 2.5.6 shall be revised to read as follows: “Notwithstanding anything herein to the contrary, in no event shall Clearside have any obligation to grant any sublicense to any person with respect to any Licensed Patent that is jointly owned by Clearside and Licensor during the term of this License.”
Amendment of Section 25. Section 25 of the Rights Agreement is hereby amended to add the following subsection at the end thereof:
Amendment of Section 25. The Rights Agreement is hereby further modified and amended by adding a new Section 25(c) to the end thereof to read in its entirely as follows: “Notwithstanding anything in this Agreement to the contrary, the Company shall not be required to give any notice hereunder to any holder of a Rights Certificate by virtue of (i) the approval, execution or delivery of the Merger Agreement, (ii) the consummation of the Merger (as defined in the Merger Agreement) or (iii) the consummation of any of the other transactions contemplated by the Merger Agreement.”
Amendment of Section 25. Section 25 of the Rights Agreement is hereby amended by adding the following sentence to the end thereof: “Notwithstanding anything in this Agreement to the contrary, neither (i) the execution and delivery of the Merger Agreement (or any amendment thereto), or of any agreement or document contemplated by the Merger Agreement or in furtherance of the transactions contemplated thereby, or the public announcement of any of the foregoing, nor (ii) the consummation of the transactions contemplated thereby, including the Merger and the Employee Preferred Stock Tender Offer, shall be deemed to be an event requiring any notice described in this Section 25.”
Amendment of Section 25. Section 25 of the Rights Agreement is hereby amended by adding the following sentence to the end thereof: “Notwithstanding anything in this Agreement to the contrary, neither the execution and delivery of the Merger Agreement (or any amendment thereto), or of any agreement or document contemplated by the Merger Agreement or in furtherance of the transactions contemplated thereby, or the public announcement of any of the foregoing, nor (ii) the consummation of the transactions contemplated thereby, including the Merger, shall be deemed to be an event requiring any notice described in this Section 25.”
Amendment of Section 25. Section 2.5 of the Loan Agreement is hereby amended and restated in its entirety to read as follows:
Amendment of Section 25. Section 25 of the Original Servicing and Administration Agreement is hereby amended as follows:
Amendment of Section 25. Section 2.5(b) of the Agreement is hereby deleted and restated in its entirety as follows:
Amendment of Section 25. (a) The parties acknowledge and agree that set forth on Annex A attached hereto is a list of (i) the accounts receivable that the Asset Sellers are excluding from the Purchased Assets or the Sale Companies are distributing to another Lxxx Company prior to the Closing in accordance with Section 2.5 of the Original Agreement and (ii) the accounts payable that the Asset Sellers are excluding from the Assumed Liabilities or the Sale Companies are distributing to another Lxxx Company prior to the Closing in accordance with Section 2.5 of the Original Agreement.
Amendment of Section 25 a. Section 2.5(a) shall be amended such that the first sentence of that subsection is restated as follows:
