In Section 1 Clause Samples
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In Section 1. 1. Replace Section 1(k) of the Basic Provisions in its entirety with:
In Section 1. 6.1, the following wording shall be added at the end of sentence 1: “…;provided, however, that until Bayer has delivered to Ionis a Continuation Notice, (i) Bayer shall [***] to Develop or Commercialize any Product under the Agreement, and (ii) with respect to ISIS-FXIRx and ISIS-FXIRx-2, Bayer’s use of Commercially Reasonable Efforts to Develop and Commercialize either ISIS-FXIRx and/or ISIS-FXIRx-2 in accordance with the Agreement will be [***].”
In Section 1. 1 of the Founder Share Charge, the definition of “Event of Default” shall be amended to “any failure on the part of the Mortgagor, the Holding Company or any Group Company to comply with any or all of their respective material obligations (including any material breach of representations or warranties by the Mortgagor, the Holding Company or a Group Company) under the Transaction Documents.”
In Section 1. 14(a) of the Credit Agreement, subclause (i)(y) of the proviso is hereby amended in its entirety and as so amended shall read as follows: