Fourth Amendment. THIS FOURTH AMENDMENT (this “Amendment”) is made and entered into as of November 22, 2011, by and between CA-SAN MATEO BAYCENTER LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and MARKETO, INC., a Delaware corporation (“Tenant”).
Fourth Amendment. This Fourth Amendment (“Fourth Amendment”) is entered into effective December 13, 2016 (“the Fourth Amendment Effective Date”) by and between Incyte Corporation (“Incyte”), a Delaware Corporation having an office at 1801 Augustine Cut-off, Xxxxxxxxxx, XX 00000, and Xxx Xxxxx and Company (“Lilly”), and Indiana corporation having an xxxxxx xx Xxxxx Xxxxxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000.
Fourth Amendment. The Administrative Agent shall have received multiple counterparts as requested of this Fourth Amendment from the Borrower and the Required Lenders.
Fourth Amendment. The execution, delivery and performance by Seller and SJC of the Fourth Amendment and the mutual release contained therein is within Seller's and SJC's powers and has been duly authorized by all necessary actions on the part of Seller and SJC. The Fourth Amendment constitutes a valid and binding agreement of Seller and SJC enforceable against them in accordance with its terms except that (a) such enforcement may be subject to bankruptcy, insolvency, reorganization, moratorium (whether general or specific) or other similar laws now or hereafter in effect relating to creditor's rights generally and (b) the remedy of specific performance and injunctive and other forms of equitable relief may be subject to equitable defenses and to the discretion of the court before which any proceeding therefor may be brought. Neither Seller nor SJC has assigned, encumbered or in any manner transferred all or any portion of the claims covered by the mutual release contained therein. No notice to or filing with, and no permit, authorization, consent or approval of, any person or Governmental Entity is necessary for the execution, delivery and performance of the Fourth Amendment and the mutual release contained therein. The execution, delivery and performance by each of Seller and SJC of the Fourth Amendment and the mutual release contained therein will not result in a violation or breach of any agreement or obligation to which Seller or SJC is a party or by which Seller or SJC or its respective assets may be bound. In effecting and executing the Fourth Amendment and the mutual release contained therein, each of Seller and SJC has received, from its own legal counsel, advice as to its legal rights, and that it understands the content and legal effect of the Fourth Amendment and the mutual release contained therein without any of which it would not have executed or delivered said Fourth Amendment or release.