Amendment of Section 4.1. Section 4.1 of the Agreement shall be amended and restated in its entirety as follows:
Amendment of Section 4.1. Section 4.1 of the Operating Agreement is hereby amended in its entirety to read as follows:
Amendment of Section 4.1. Section 4.1 of the Partnership Agreement is hereby amended and restated to read in its entirety:
Amendment of Section 4.1. Section 4.1 of the Collaboration Agreement is hereby amended such that the last reference to “Dexcom” is replaced with “DexCom.”
Amendment of Section 4.1. Section 4.1(d) of the Investment Agreement is hereby amended and replaced in its entirety by the following: “the parties shall have obtained all regulatory approvals required to consummate the transactions contemplated by the Reinsurance Agreement;”
Amendment of Section 4.1. Section 4.1 of the Agreement is hereby amended to add the following sentence: Commencing on the Effective Date, the Base Salary shall increase to $320,000 per year.
Amendment of Section 4.1. Section 4.1 shall be deleted in its entirety and replaced with the following:
Amendment of Section 4.1. Section 4.1 of the Purchase Agreement is hereby amended and restated in its entirety as follows: “The closing of the purchase and sale of the Purchased Assets and the assumption of the Assumed Liabilities provided for in Article II hereof (collectively, the “Closing”) shall take place at the offices of Xxxxxxx Xxxx & Xxxxx LLP located at 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or at such other place as the Parties may designate in writing) at 10:00 a.m. (New York City time) on the date that the Sale Order is entered on the docket of the Bankruptcy Court or such other date agreed to by Purchaser, in its sole discretion; provided that such date agreed to by Purchaser in its sole discretion does not in and of itself give rise to Purchaser’s right to terminate this Agreement in accordance with Section 4.4. The date on which the Closing shall be held is referred to in this Agreement as the “Closing Date.” The Closing shall be deemed to have occurred at 11:59:59 p.m. (New York City time) on the Closing Date.”
Amendment of Section 4.1. Section 4.1 is hereby amended and restated in its entirety as follows:
Amendment of Section 4.1. Section 4.1 of the Credit Agreement is revised to amend and restate the last sentence thereof in its entirety as follows: “In the event that any Loans are prepaid pursuant to this Section 4.1 at any time prior to the fourth anniversary of the Closing Date, the Borrowers shall pay to the Administrative Agent, for the account of the Lenders, in addition to the amounts otherwise described in this Section 4.1, an amount equal to the Applicable Premium.”
