Amendment to Confirmation of OTC Additional 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 definition of the "Free Convertibility Date" in their previous call option transaction agreement. The new date is set as February 1, 2016, replacing the original date of April 1, 2016. Both parties have agreed to this change, which affects when certain conversion rights under the agreement become available.
Exhibit 10.92
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: Additional Call Option Transaction (2016)
Reference is made to the letter agreement Re: Additional Call Option Transaction (2016) dated August 5, 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 |
