Amendment to Confirmation of OTC Convertible Note between Goldman, Sachs & Co. and Gilead Sciences, Inc.
This amendment is an agreement between Goldman, Sachs & Co. and Gilead Sciences, Inc. to change the terms of a previous contract regarding a Base Call Option Transaction. Specifically, it updates the definition of the "Free Convertibility Date" from April 1, 2014, to February 1, 2014. Both parties have agreed to this change, which affects when certain rights under the original agreement become exercisable.
Exhibit 10.86
Goldman, Sachs & Co.
200 West Street
New York, New York 10282-2198
Telephone No.: ###-###-####
August 30, 2010
To: Gilead Sciences, Inc.
333 Lakeside Drive
Foster City, California 94404
| Attention: | Treasurer | |
| Telephone No.: | (650) 522-5727 | |
| Facsimile No.: | (650) 522-3000 |
Re: Base Call Option Transaction (2014)
Reference is made to the letter agreement Re: Base Call Option Transaction (2014) dated July 26, 2010 and entered into between into between Goldman, Sachs & Co. (“Dealer”) and Gilead Sciences, Inc. (“Counterparty”) (the “Confirmation”). Capitalized terms used herein but not defined herein shall have the meanings assigned to them in the Confirmation.
Whereas the Confirmation defined the Free Convertibility Date as April 1, 2014, but Counterparty and Dealer wish to define the Free Convertibility Date as February 1, 2014;
Now therefore, Counterparty and Dealer do hereby agree that the definition of the Free Convertibility Date in the Confirmation is hereby replaced in its entirety by February 1, 2014.
[Signature Page to Follow]
| Yours faithfully, | ||
| Goldman, Sachs & Co. | ||
| By: | /s/ Jonathan Lipnick | |
| Name: | Jonathan Lipnick | |
| Title: | Vice President | |
Accepted and confirmed:
| Gilead Sciences, Inc. | ||
| By: | /s/ Brett A. Pletcher | |
| Name: | Brett A. Pletcher | |
| Title: | Vice President and General Counsel | |
