Clause 3. 3 of the Pledge Agreement is hereby amended by adding the following language to the end thereof: “or such licenses are granted in arms’ length transactions in the ordinary course of business for the development, manufacture, marketing, distribution and/or commercialization of DUEXA and/or LODOTRA. In addition, this clause 3.3 shall no longer have any force and effect, and shall be deemed to be automatically deleted from this Agreement, upon the later of the completion by the holding company of the Borrower of a Qualified IPO or the issuance by the FDA of marketing approval for either DUEXA or LODOTRA”
Clause 3. 2. The present Contract may be changed on December 31, 2010, December 31, 2015 and December 31, 2020 in order to establish new conditions, new targets for universalization and quality, considering the conditions effective at the time, also defining, in the case of the universalization targets, the complementary resources, as per terms of art. 81 of Law No. 9,472 of 1997. Paragraph 1st. Anatel, 24 (twenty four) months before the changes foreseen in this clause, will have a public consultation published with its proposal for new conditions and new targets towards universalization and quality of the service, the latter submitted to the approval, by means of a Decree, of the President of the Republic, as per terms of art. 18, paragraph III, of Law No. 9,472 of 1997.
Clause 3. 2.1 also applies to instructions from the Eurex Group with regard to clearing functionality so long as CBOT (or one of its Affiliates or CBOT's clearing house) is not using this functionality. Afterwards, instructions from a Development Party concerning clearing will fall under Clauses 3.2.1 (with respect to requirements of a regulatory agency) or 3.2.2.