Amendment to Section 9.3. 4. Section 9.3.4 is hereby replaced in its entirety with the following: “9.3.4 [Reserved].”
Amendment to Section 9.3. Section 9.3(b) of the Credit Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 9.3. The second paragraph of Section 9.3 of the Agreement is hereby amended to read in its entirety as follows: “Notwithstanding the foregoing, with respect to the Extension Period, the Managing Member shall be required to prepare and deliver to each Member only the following reports: (i) on or before August 15, 2004, August 15, 2005 and August 15, 2006, an unaudited balance sheet as of June 30, 2004, June 30, 2005 and June 30, 2006, respectively, and an income statement for the Company for the respective six-month periods then ended, accompanied by a report on any material developments in existing investments which occurred during such six-month periods, (ii) on or before August 15, 2004, August 15, 2005 and August 15, 2006, a statement showing the balance in each Member’s Capital Account as of June 30, 2004, June 30, 2005 and June 30, 2006, respectively, and a reconciliation of such balance, (iii) on or before February 15, 2005 and February 15, 2006, an unaudited balance sheet as of December 31, 2004 and December 31, 2005, respectively, and an income statement for the Company for the six-month periods then ended, accompanied by a report on any material developments in existing investments which occurred during such six-month periods, (iv) on or before February 15, 2005 and February 15, 2006, a statement showing the balance in each Member’s Capital Account as of December 31, 2004 and December 31, 2005, respectively, and a reconciliation of such balances, (v) on or before December 31, 2004 and December 31, 2005, such other information, reports and forms as are necessary to assist each Member in the preparation of its federal, state and local tax returns for the year ending July 31, 2004 and July 31, 2005, respectively, (vi) on or before September 30, 2006, such other information, reports and forms as are necessary to assist each Member in the preparation of its federal, state and local tax returns for the year ending July 31, 2006, and (vii) on or before September 30, 2006, such other information regarding existing investments and portfolio companies as any Member shall reasonably request.”
Amendment to Section 9.3. Section 9.3 of the Credit Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 9.3. Section 9.3 of the Note Purchase Agreement is hereby amended by inserting the words “Tranche A” before each reference to “Note” or “Notes”.
Amendment to Section 9.3. Section 9.3 of the Second Amended and Restated Operating Agreement is hereby amended by deleting it in its entirety and replacing it with the text that follows so that, as amended, Section 9.3 of the Second Amended and Restated Operating Agreement shall read as follows:
Amendment to Section 9.3. Section 9.3 of the Original Immunomedics Agreement is hereby amended by adding the following two additional milestone events and corresponding milestone payments to the table specified therein: Annual Net Sales Payment to Immunomedics $*** $ *** $*** $ ***
Amendment to Section 9.3. 4. Section 9.3.4 of the Agreement is hereby amended and restated in its entirety as follows: “Jazz Pharmaceuticals represents and warrants that: (i) all programs initiated by Jazz Pharmaceuticals (and not on behalf of an Authorized Generic Partner) and included as part of the Services, including any eligibility criteria for participation in any such programs, shall be structured in accordance with Applicable Law; and
Amendment to Section 9.3. Section 9.3 of the Credit Agreement is hereby amended to delete the period at the end of Section 9.3 and to add a semi-colon in lieu thereof and to add the following new clause to the end of Section 9.3: "and provided, further, however, that AIC may be dissolved and wound-up in accordance with applicable law."
Amendment to Section 9.3. Section 9.3 of the Credit Agreement is hereby amended by relettering the subsections in such Section such that subsection (g) shall become subsection (a), subsection (h) shall become subsection (b), subsection (i) shall become subsection (c), subsection (j) shall become subsection (d) and subsection (a) shall become subsection (e).
