Common use of Amendment of Section Clause in Contracts

Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred as a result of (i) the execution, delivery or performance of the Merger Agreement or the Stockholders Agreements, or (ii) the consummation of the transactions contemplated by the Merger Agreement (including, without limitation, the acquisition of Shares (as defined in the Merger Agreement))."

Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as a the result of (i) the execution, delivery or performance execution of the Merger Agreement or the Stockholders Agreements, or (ii) the consummation of the transactions contemplated by the Merger Agreement (including, without limitation, the acquisition of Shares (as defined in the Merger Agreement))Merger."

Amendment of Section. 3(a). Section 3(a) of the Rights rights Agreement is amended to add by adding the following sentence at the end thereof: "Notwithstanding the foregoing or anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred as a result by virtue of (i) the execution, delivery consummation or performance public announcement of the Merger Agreement or the Stockholders Agreements, or (ii) the consummation by virtue of any of the transactions contemplated by the Merger Agreement (including, without limitation, the acquisition of Shares (as defined in the Merger Agreement))."

Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add by adding the following sentence at the end thereof: "Notwithstanding the foregoing or anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred as a result by virtue of (i) the execution, delivery consummation or performance public announcement of the Merger Agreement or the Stockholders Agreements, or (ii) the consummation by virtue of any of the transactions contemplated by the Merger Agreement (including, without limitation, the acquisition of Shares (as defined in the Merger Agreement))."

Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add by adding the following sentence at the end thereof: "Notwithstanding the foregoing or anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred as a result solely by virtue of (i) the execution, delivery or performance of the Merger Business Combination Agreement, the Stock Option Agreements or the Shareholders Agreement or the Stockholders Agreements, or (ii) the consummation solely by virtue of any of the transactions contemplated by the Merger Agreement (including, without limitationBusiness Combination Agreement, the acquisition of Shares (as defined in Stock Option Agreements or the Merger Shareholders Agreement))."

Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred as a result solely by virtue of (i) the executionexecution of the Merger Agreement, delivery or performance (ii) the acquisition of Common Stock pursuant to the Merger Agreement or the Stockholders Agreementsconsummation of the Merger, or (iiiii) the consummation of the other transactions contemplated by the Merger Agreement (including, without limitation, the acquisition of Shares (as defined in the Merger Agreement))."

Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "“Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred as a result by virtue of (i) the execution, delivery or performance of the Merger Agreement or the Stockholders AgreementsAgreement, or (ii) the consummation of the transactions contemplated by Merger, or (iii) the Merger Agreement (includingexecution, without limitation, delivery or performance of the acquisition of Shares (as defined in the Merger Agreement))Voting Agreements."”

Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as a the result of (i) the execution, delivery or performance consummation of the Merger Agreement or the Stockholders AgreementsMerger, or (ii) the consummation execution of the transactions contemplated by the Merger Agreement (including, without limitation, the acquisition of Shares (as defined in the Merger Agreement)), or (iii) the execution of the Stock Voting Agreements."

Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereofof such Section: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred as a the result of (i) the execution, delivery or performance consummation of the Merger Consolidation, (ii) the execution of the Consolidation Agreement or the Stockholders Agreements, or (iiiii) the consummation of the other transactions contemplated by the Merger Agreement (including, without limitation, the acquisition of Shares (as defined in the Merger Consolidaiton Agreement)), or any or all of the foregoing in combination."

Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereofof such Section: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred as a the result of (i) the execution, delivery or performance consummation of the Merger Consolidation, (ii) the execution of the Consolidation Agreement or the Stockholders Agreements, or (iiiii) the consummation of the other transactions contemplated by the Merger Agreement (including, without limitation, the acquisition of Shares (as defined in the Merger Consolidation Agreement)), or any or all of the foregoing in combination."