Amendment of Section 20. Section 20 of the Rights Agreement is hereby amended by adding a new Section 20.12 to the end thereof to read in its entirety as follows: “The Rights Agent shall not be subject to, nor be required to comply with, or determine if any person or entity has complied with, the Merger Agreement or any other agreement between or among the parties to the Merger Agreement, even though reference to the Merger Agreement may be made in this Amendment, or to comply with any notice, instruction, direction, request or other communication, paper or document other than as expressly set forth in this Amendment and in the Rights Agreement.”
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Amendment of Section 20. Section 20 of the Rights Agreement is hereby amended by adding a new Section 20.12 20(j) to the end thereof to read in its entirety as follows: “The Rights Agent shall not be subject to, nor be required to comply with, or determine if any person or entity has complied with, the Merger Agreement or any other agreement between or among the parties to the Merger Agreement, even though reference to the Merger Agreement may be made in this Amendment, or to comply with any notice, instruction, direction, request or other communication, paper or document other than as expressly set forth in this Amendment and in the Rights Agreement.”
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Amendment of Section 20. Section 20 of the The Rights Agreement is hereby further modified and amended by adding a new Section 20.12 20(l) to the end thereof to read in its entirety as follows: “The Rights Agent shall not be subject to, nor be required to comply with, or determine if any person or entity has complied with, the Merger Agreement or any other agreement between or among the parties to the Merger Agreementthereto, even though reference to the Merger Agreement thereto may be made in this AmendmentAgreement, or to comply with any notice, instruction, direction, request or other communication, paper or document other than as expressly set forth in this Amendment and in the Rights Agreement.”
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Sources: Rights Agreement (Abovenet Inc)
Amendment of Section 20. Section 20 of the The Rights Agreement is hereby further modified and amended by adding a new Section 20.12 20(k) to the end thereof to read in its entirety as follows: “The Rights Agent shall not be subject to, nor be required to comply with, or determine if any person or entity has complied with, the Merger Agreement or any other agreement between or among the parties to the Merger Agreementthereto, even though reference to the Merger Agreement thereto may be made in this AmendmentAgreement, or to comply with any notice, instruction, direction, request or other communication, paper or document other than as expressly set forth in this Amendment and in the Rights Agreement.”
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Amendment of Section 20. Section 20 of the The Rights Agreement is hereby further modified and amended by adding a new Section 20.12 20(n) to the end thereof to read in its entirety as follows: “The Rights Agent shall not be subject to, nor be required to comply with, or determine if any person or entity has complied with, the Merger Agreement or any other agreement between or among the parties to the Merger Agreementthereto, even though reference to the Merger Agreement thereto may be made in this AmendmentAgreement, or to comply with any notice, instruction, direction, request or other communication, paper or document other than as expressly set forth in this Amendment and in the Rights Agreement.”
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