definiens: means that certain Development and Supply Agreement between the Seller Sub andLuminex Corporation, dated June 9, 1999, as amended by that certain Amendment Number One by andbetween the Seller Sub and Luminex Corporation, dated May 30, 2003 and made effective as of December 11,2003 . ” I. Notwithstanding anything to the contrary contained in the Agreement, the parties hereby acknowledge and agreethat all of the closing conditions under the Agreement, except the delivery of the remainder of the Purchase Price whichwill occur simultaneously with the execution of this Amendment, have been satisfied or waived, as the case may be, suchthat upon payment of the remainder of the Purchase Price, the Closing will simultaneously occur . J. Section 12.1 shall be modified by adding the following subsection ( d ) thereto : “ ( d ) any claim, liability or obligation, if any, relating to Item 2 of Schedule 6.19(j ) of the Disclosure Schedulearising on or prior to the Closing Date . ” K. Section 12.4(a ) shall be modified by inserting immediately after the reference to in clause ( i)therein the following phrase 2