New Section 5. 27. The following is hereby added to the Credit Agreement as Section 5.27 thereof:
New Section 5. 15. Article V of the Credit Agreement is hereby amended by adding thereto a new Section 5.15 to read as follows:
New Section 5. 7 (Subordination). The Intercreditor Agreement is hereby amended by adding the following new Section 5.7:
New Section 5. 14. The following new Section 5.14 is hereby added to the Contribution Agreement: “Parent REIT, Parent OP and Parent Sub hereby jointly and severally represent and warrant to the Company and the Contributors that the entry into Amendment No. 2 does not and will not (i) conflict with or result in any breach of any provision of such Person’s Governing Documents, (ii) result in a violation or breach of, or cause acceleration, or constitute (with or without due notice or lapse of time or both) a default (or give rise to any right of termination, cancellation or acceleration) under any of the terms, conditions or provisions of any note, bond, mortgage, indenture, lease, license, contract, agreement or other instrument or obligation of any material agreement to which such Person is a party, or (iii) violate any Law or Order applicable to such Person, except in the case of clauses (ii) and (iii) above, for violations which would not prevent or materially impair or delay the ability of such Person to perform its respective obligations under this Agreement and provided, that no representation or warranty is being made with respect to any antitrust or competition Laws (or any Orders or Contracts related thereto) that may be applicable to the Contemplated Transactions.”
New Section 5. 27. The Purchase Agreement is hereby amended to add the following as a new Section 5.27:
New Section 5. 7. The following language shall be added to the Agreement as new Section 5.7:
New Section 5. F. Section 5.F of the First Amended Master Agreement is added as follows: “From time to time, and subject to the provisions below, a third party (“Third Party Provider”) may, on behalf of Novartis, provide to Institution samples (“Third Party Samples”) for services under this Agreement. Third Party Samples for which Institution performs Services shall be counted as part of the total number of Samples provided to Institution in the applicable Contract Year, and Section 3.A shall apply to Third Party Samples. Institution’s obligations with regard to Services and Samples as set forth throughout this Agreement shall apply to Third Party Samples. Services to be performed with regard to Third Party Samples will be specified in a Statement of Work to be completed by the party supplying Third Party Samples. Any license and use rights granted by Novartis to Institution under Section 4 shall not be applied as they relate to Third Party Samples but instead such grant rights by Novartis to Institution relating to Third Party Samples are specified below. Novartis agrees […***…] Prior to the provision of Third Party Samples to Institution for performance of Services under this Agreement, Novartis also agrees […***…] Prior to initiation of Services for Third Party Samples, Novartis shall […***…] For clarity, it is understood between Novartis and Institution that […***…]”
New Section 5. 11. Effective as of the date hereof, Article V of the Shareholders’ Agreement is hereby amended to renumber Section 5.11 as Section 5.12 and add a new Section 5.11 to read as follows:
New Section 5 a. We added a provision to state that local share requirements vary by statutory and regulatory program requirements for which Federal funding is provided.
