ON THE DATE THE OBLIGATIONS SHALL BE EQUAL TO OR LESS THAN
$2,000,000.00, PARAGRAPH 10(N) OF THE LEASE SHALL BE DEEMED DELETED AND OF NO
FURTHER FORCE AND EFFECT.
6.
LESSEE SHALL BE PROVIDED WRITTEN NOTICE AND A THIRTY (30) DAY
OPPORTUNITY TO CURE PRIOR TO ANY DECLARATION OF DEFAULT UNDER SECTION 10 OF THE
LEASE EXCEPT FOR:
(I) SECTION 10(A) OF THE LEASE, FOR WHICH WRITTEN NOTICE AND
A TWENTY (20) DAY OPPORTUNITY TO CURE SHALL BE PROVIDED; (II) SECTION 10(H) FOR
WHICH, WITH RESPECT TO VOLUNTARY ACTIONS BY GENAISSANCE, THERE SHALL BE NO
NOTICE AND NO CURE PERIOD; AND (III) SECTION (10)(I) FOR WHICH THERE SHALL BE NO
NOTICE AND NO CURE PERIOD.
IN ADDITION, LESSOR ACKNOWLEDGES THAT NO EVENT OF
DEFAULT SHALL BE DEEMED TO HAVE OCCURRED PURSUANT TO SECTION 10(J) OF THE LEASE
OR OTHERWISE AS A RESULT OF ANY DECLARATION OF DEFAULT BY FINOVA TECHNOLOGY
FINANCE, INC., N/K/A FINOVA CAPITAL CORPORATION PRIOR TO THE DATE HEREOF.
IN WITNESS WHEREOF, Lessor and Lessee have caused their duly authorized
representatives to execute and deliver this Amendment on this 12th day of March
2003.
GENERAL ELECTRIC CAPITAL CORPORATION
By:
/s/ Carl Peterson
Name:
Carl Peterson
Title:
Senior Risk Analyst
GENAISSANCE PHARMACEUTICALS, INC.
By:
/s/ Joseph Keyes
Name:
Joseph Keyes
Title:
Vice President - CFO
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