Amendment of Section 6.2. The Agreement is hereby amended by deleting Section 6.2 thereof in its entirety and replacing it with the following Section 6.2:
Amendment of Section 6.2. Section 6.2 is hereby amended to read in full as follows:
Amendment of Section 6.2. Section 6.2 of the Indenture is hereby deleted in its entirety and replaced with the following:
Amendment of Section 6.2. Section 6.2 of the Original Agreement is hereby amended to delete that first sentence of paragraph (f) of such section and replace such sentence with the following new sentence: Parent shall have received the opinion of Sxxxxxx Xxxx, counsel to Parent based upon representations of Parent, Merger Sub and the Company and normal ‘ assumptions, to the effect that the Transaction will be treated for federal income tax purposes as a reorganization qualifying under the provisions of section 368(a) of the Code, which opinion shall not have been withdrawn or modified in any material respect.
Amendment of Section 6.2. Section 6.2(a) of the Original Agreement is hereby deleted in its entirety and replaced with the following:
Amendment of Section 6.2. Section 6.2 of the License Agreement is replaced in its entirety with the following:
Amendment of Section 6.2. Section 6.2 of the Loan and Security Agreement is hereby deleted in its entirety and shall be replaced with the following:
Amendment of Section 6.2. The first parenthetical in subsection (b) of Section 6.2 of the Stock Purchase Agreement will be replaced in its entirety with the following: “(counting as shares owned by the Investors all shares of Common Stock into which shares of Preferred Stock are convertible and assuming to the extent Investors shall purchase any additional shares of Common Stock, any later such additional purchases shall be deemed to be shares)”
