Amendment of Section 4.2. The first sentence of Section 4.2 of the Rights Agreement is hereby amended to read in its entirety as follows: “With the written consent of the record or beneficial holders of at least 60% of the Registrable Securities, the rights of the Company and obligations of the Company and the holders of Registrable Securities under this Agreement may be waived (either generally or in a particular instance, either retroactively or prospectively, and either for a specified period of time or indefinitely), and with the same consent, the Company, when authorized by resolution of its Board of Directors, may enter into a supplementary or new agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement; provided, however, that, subject to Section 2.13, no such consent shall be required for the purpose of adding to this Agreement an Investor pursuant to Section 4.1, a financial institution or venture lender which has loaned funds to the Company, or an equipment or real property lessor; provided further, however, that no amendment of this Agreement shall materially and adversely affect the rights of a party in a manner that, by its express terms, discriminates against such party vis-à-vis other parties in the same class without such party’s written consent.”
Amendment of Section 4.2. Section 4.2 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment of Section 4.2. Section 4.2 of the Partnership Agreement is hereby amended and restated to read in its entirety:
Amendment of Section 4.2. Section 4.2 of the Stockholders’ Agreement shall be deleted in its entirety.
Amendment of Section 4.2. In accordance with the provisions of Section 4.3 of the Lease, the Term of the Lease is extended to [October 1, 2026] and the reference in Section 4.2 to “October 31, 2018” is hereby deleted and replaced with the date of “[October 1, 20 ].”
Amendment of Section 4.2. Section 4.2 of the Agreement shall be amended and restated in its entirety as follows:
Amendment of Section 4.2. Section 4.2 (Royalty Payment) is hereby amended by deleting from Subsection B. thereof “[***]” and substituting in lieu thereof “[***]”. Section 4.2 is hereby further amended by deleting from Subsection C. thereof “[***]” and substituting in lieu thereof “[***].”
Amendment of Section 4.2. Section 4.2 is hereby amended and restated in its entirety to read as follows: “The substantive rights and obligations of the parties arising out of, in connection with or ancillary to this Agreement shall be governed by the substantive laws of the State of Florida, excluding conflict of laws principles.”
Amendment of Section 4.2. 2. Effective as of the date hereof, subclause (i) of Section 4.2.2 of the Loan Agreement is hereby amended and restated in its entirety to read as follows:
