Amendment of Section 6(a). The provisions of Section 6A of the Agreement are hereby deemed to have been amended to read, as follows:
Amendment of Section 6(a). Section 6(a) of the Original Option Agreement shall be amended to read, in its entirety, as follows:
Amendment of Section 6(a). Section 6.A. of the Supply Agreement is hereby amended in its entirety to read as follows: “With respect to CMC manufactured during the calendar year 2004 and during each calendar year thereafter, the base price (i) for quantities of CMC ranging from[*] manufactured during such calendar year (for avoidance of doubt, the first lot manufactured in 2004 is [*]) shall be [*], (ii) for incremental quantities of CMC in excess of [*] manufactured during such calendar year shall be [*] and (iii) for incremental quantities of CMC in excess of [*] manufactured during such calendar year shall be [*]. The base price shall at all times include the cost of the specific grade sodium carboxymethylcellulose and the components necessary to manufacture and ship CMC. PRAECIS shall bear all costs to qualify any raw material suppliers. For purposes of this Supply Agreement, CMC shall be deemed to have been manufactured during the calendar year in which such manufacture was commenced. The base price provided for in this Section 6.A. shall also apply retroactively to quantities of CMC manufactured in 2004 prior to the Amendment No. 2 Date. For certain lots of CMC supplied for use by PRAECIS in the European Union, an additional [*] will be assessed for specific European pharmacopoeia testing performed on such lots. The estimated size of each of the lots is [*]. CAMBREX will perform such European pharmacopoeia testing as set forth in Exhibit C. All prices are Ex-works Xxxxxxx City, Iowa. PRAECIS shall be responsible for all freight costs. CMC will be billed at the time the CMC successfully passes Quality Control and Quality Assurance. Payment is required thirty (30) days from invoice date. Risk of loss passes to PRAECIS at the time of invoicing by CAMBREX.”
Amendment of Section 6(a). Section 6(a) of each Agreement is hereby amended by the addition of the following language at the end of such subsection: “and shall be delivered pursuant to Section 4.”
Amendment of Section 6(a). Section 6(a) of the Employment Agreement shall be amended by deleting the phrase “the Company’s receipt of notification of” where it appears in the first sentence thereof.
Amendment of Section 6(a). The first sentence in Section 6(a) of the Stockholders Agreement is hereby amended and restated to read as follows: “For a period of one year after the Amendment Date, each Stockholder will not engage in, become financially interested in, be employed by or have any business connection with any other person, corporation, firm, partnership or other entity that competes, or should have been known by him or her to compete, directly with the Company or its affiliates in the business of (i) providing loans or credit secured or backed by crypto-currency assets or (ii) providing loans or credit denominated in crypto-currency assets, in each case in the United States, Europe, Asia, or Australia (collectively, the “Geographic Area”); provided, however, that anything above to the contrary notwithstanding, any Stockholder may own, as a passive investor, securities of any entity which are listed or traded on a national stock exchange, so long as her beneficial holdings in such entity shall not in the aggregate constitute five percent (5%) or more of any class of capital stock of such entity.”
Amendment of Section 6(a). Section 6.a of the MSA shall be amended to read as follows:
Amendment of Section 6(a). The reference to “24 months” set forth in Section 6(a) to the Original Agreement shall be replaced with “28 months.”
