Amendment to Confirmation of OTC Convertible Note between Goldman, Sachs & Co. and Gilead Sciences, Inc.
Goldman, Sachs & Co. and Gilead Sciences, Inc. have agreed to amend their previous agreement regarding a Base Call Option Transaction. The amendment changes the definition of the "Free Convertibility Date" from April 1, 2016, to February 1, 2016. All other terms of the original agreement remain unchanged. This amendment is effective upon acceptance by both parties, as indicated by their signatures.
Exhibit 10.88
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 (2016)
Reference is made to the letter agreement Re: Base Call Option Transaction (2016) 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, 2016, but Counterparty and Dealer wish to define the Free Convertibility Date as February 1, 2016;
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, 2016.
[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 | |
