Amendment of Section 5.2. 3. Section 5.2.3 of the Agreement is hereby amended and restated to read as follows:
Amendment of Section 5.2. The third sentence in Section 5.2 is hereby amended and restated in its entirety as follows: “In addition to the obligations of Company to use Commercially Reasonable Efforts, if Company, its Affiliates and/or their respective Sub-licensees have not [*], Company shall promptly (but in no event later than [*] after each such applicable date) notify Amgen in writing of such failure to achieve such event (a “Specified Diligence Failure”) in a timely manner (the “Diligence Notice”); provided that if Company either (A) fails to timely [*] despite its good faith efforts to do so or (B) has a Specified Diligence Failure as a result of [*] as required under [*], then the deadline described above shall be equitably extended to account for [*] to comply therewith (provided, in the case of a failure under clause (A), such equitable extension shall [*]).”
Amendment of Section 5.2. Section 5.2 is hereby amended:
Amendment of Section 5.2. Section 5.2 is hereby deleted in its entirety and amended to read as follows:
Amendment of Section 5.2. The Agreement is hereby amended by deleting Section 5.2 in its entirety and replacing it with “[Reserved].”
Amendment of Section 5.2. Section 5.2 of the Original Agreement is hereby amended to delete clause (ii) of paragraph (d) of such section and replace such clause with the following new clause:
Amendment of Section 5.2. Section 5.2 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment of Section 5.2. Section 5.2 of the Loan and Security Agreement is hereby deleted in its entirety and shall be replaced with the following:
Amendment of Section 5.2. Section 5.2 of the Agreement is hereby amended to read in its entirety as follows: "Subject to Section 5.3, MHC shall pay to MAI at the end of each six month period ending on March 15 and September 15 in each year the amount of Two Hundred Thousand Dollars ($200,000) until the occurrence of both of the following:
Amendment of Section 5.2. 3. Section 5.2.3 of the Agreement is hereby amended and restated to read as follows: Hoku Initials & Date /s/ DS Mar 25, 2009 Solarfun Initials & Date /s/ HH 26.03.2009
