Second Amendment Uses in Effect of Amendment Clause

Effect of Amendment from Amendment

FIFTH AMENDMENT, dated as of August 23, 2016 (this Amendment), to the Credit Agreement (as defined below), is entered into among ACTIVISION BLIZZARD, INC., a Delaware corporation (the Borrower), each of the other Loan Parties (as defined in the Credit Agreement), the Refinancing Revolver Lenders, the Refinancing Tranche A Term Lenders (as defined below), the other Lenders (as defined below) party hereto, the Administrative Agent (as defined below), the Collateral Agent (as defined below), each L/C Issuer and the Swing Line Lender (each, as defined in the Credit Agreement).

Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the Loan Parties under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement (including, as amended by the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment) or any other Loan Document (including the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment) is hereby ratified and reaffirmed in all respects and shall continue in full force and effect and nothing herein can or may be construed as a novation thereof. Each Loan Party reaffirms its obligations under the Loan Documents to which it is party. This Amendment shall constitute a Loan Document for purposes of the Credit Agreement and from and after the 2016 Refinancing Amendment Effective Date, all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to this Agreement, hereunder, hereof or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Credit Agreement, as amended hereby. Each Refinancing Revolver Lender and each Refinancing Tranche A Term Lender party to this Amendment hereby consents to the Collateral Release Amendments (as defined in the Second Amendment) and, solely for the purposes of Section 1.5(b)ii of the Second Amendment, the delivery of a counterpart of this Amendment executed by such Refinancing Revolver Lender and such Refinancing Tranche A Term Lender party to this Amendment shall be deemed to constitute the delivery of a counterpart of the Second Amendment executed by such Refinancing Revolver Lender and such Refinancing Tranche A Term Lender. The consent of each Refinancing Revolver Lender and each Refinancing Tranche A Term Lender party to this Amendment to the Collateral Release Amendments shall be binding upon each of its successors and assigns.

Effect of Amendment from Amendment

THIRD AMENDMENT, dated as of December 14, 2015 (this Amendment), to the Credit Agreement (as defined below), is entered into among ACTIVISION BLIZZARD, INC., a Delaware corporation (the Borrower), each of the other Loan Parties (as defined below), the Tranche A Term Lenders (as defined below), the other Lenders party hereto and the Administrative Agent (as defined below).

Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the Loan Parties under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement (including, as amended by the First Amendment and the Second Amendment) or any other Loan Document (including the First Amendment and the Second Amendment) is hereby ratified and reaffirmed in all respects and shall continue in full force and effect and nothing herein can or may be construed as a novation thereof. Each Loan Party reaffirms its obligations under the Loan Documents to which it is party and the validity, enforceability and perfection of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Loan Document for purposes of the Credit Agreement and from and after the Third Amendment Effective Date (subject to the occurrence of the 2015 Revolving Credit Facility Effective Date), all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to this Agreement, hereunder, hereof or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Credit Agreement, as amended hereby. Each Lender and Additional Refinancing Lender party to this Amendment hereby consents to the Collateral Release Amendments (as defined in the Second Amendment) and, solely for the purposes of Section 1.5(b)ii of the Second Amendment, the delivery of a counterpart of this Amendment executed by each Lender and Additional Refinancing Lender party to this Amendment shall be deemed to constitute the delivery of a counterpart of the Second Amendment executed by such Lender and such Additional Refinancing Lender. The consent of each Lender and Additional Refinancing Lender party to this Amendment to the Collateral Release Amendments shall be binding upon each of its successors and assigns.

Effect of Amendment from Amendment to Lease Agreement

This Third Amendment to Lease Agreement (the Third Amendment) is made and entered into to be effective as of February 21, 2008, by and between MISSION RIDGE ASSOCIATES, LLC a Delaware limited liability company (Landlord), and ENSIGN FACILITY SERVICES, INC., a Nevada corporation (Tenant), with reference to the following facts:

Effect of Amendment. Except as modified herein, the terms and conditions of the Lease, the First Amendment and the Second Amendment shall remain unmodified and continue in full force and effect. In the event of any conflict between the terms and conditions of the Lease, the First Amendment, the Second Amendment and this Third Amendment, the terms and conditions of this Third Amendment shall prevail.

Effect of Amendment from Amendment to Collaboration Agreement

This Second Amendment to Collaboration Agreement (this Second Amendment) is effective as of February 9, 2009 (the Amendment Effective Date) and is made by and among Takeda Pharmaceutical Company Limited, a Japanese corporation having offices at 1-1, Doshomachi 4-chome, Chuo-ku, Osaka 540-8645, Japan (hereinafter Takeda); XOMA (US) LLC, a Delaware limited liability company having offices at 2910 Seventh Street, Berkeley, California 94710, USA (hereinafter XOMA) [*]

Effect of Amendment. Together with the Agreement (including all Schedules thereto), this Second Amendment constitutes the entire agreement between the Parties in connection with the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties. Except as expressly provided for herein, all terms and conditions of the Agreement shall remain in full force and effect. To the extent that the terms of this Second Amendment conflict or are inconsistent with the terms of the Agreement, the terms of this Second Amendment shall control.

Effect of Amendment from Exclusive Distribution Agreement

This Second Amendment (the Second Amendment) is entered into as of July 30, 2008 (the Effective Date), by and between Massachusetts Biologic Laboratories of the University of Massachusetts Medical School (MBL) and Akorn, Inc. (Akorn) (each a Party and together the Parties).

Effect of Amendment. Nothing in this Second Amendment is intended to modify, alter, reduce or change the rights or obligations of Akorn and MBL in the Modified Exclusive Distribution Agreement, except as expressly stated in this Second Amendment. In the event there is any conflict between the terms of this Second Amendment and the terms of the Modified Agreement, the terms of this Second Amendment shall control.