Common use of Amendment to Section 1.1 Clause in Contracts

Amendment to Section 1.1. Section 11(a)(ii) of the Rights Agreement is hereby amended and supplemented by adding the following sentence at the end thereof: “For the avoidance of doubt and notwithstanding anything in this Agreement to the contrary, the occurrence of (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of any or all of the Voting Agreements, (iii) shareholder approval of the Merger Agreement and/or (iv) the consummation of the Merger or the other transactions contemplated by the Merger Agreement and the Voting Agreements shall not be deemed to be a Section 11(a)(ii) Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 11(a)(ii).”

Amendment to Section 1.1. Section 11(a)(ii) of the Rights Agreement is hereby amended and supplemented by adding the following sentence at the end thereof: “For the avoidance of doubt and notwithstanding Notwithstanding anything in this Agreement to the contrary, the occurrence of (i) the execution and delivery of the Stock Purchase and Merger Agreement, (ii) the execution and delivery of any or all consummation of the Voting AgreementsPrivate Placement, (iii) shareholder approval the consummation of the Merger Agreement and/or Merger, and (iv) the consummation of the Merger or the other transactions contemplated by in the Stock Purchase and Merger Agreement and the Voting Agreements shall not be deemed to be a Section 11(a)(ii) Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 11(a)(ii).”

Amendment to Section 1.1. Section 11(a)(ii) of the Rights Agreement is hereby amended and supplemented by adding the following sentence at the end thereof: “For the avoidance of doubt and notwithstanding anything in this Agreement to the contrary, the occurrence of (i) the execution and delivery of the Merger AgreementAgreement or any of the agreements contemplated thereunder (including without limitation any voting agreements), (ii) the execution and delivery of any or all of the Voting Agreements, (iii) shareholder approval of the Merger Agreement and/or (iviii) the consummation of the Merger or the other transactions contemplated by the Merger Agreement and the Voting Agreements shall not be deemed to be a Section 11(a)(ii) Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 11(a)(ii).”

Amendment to Section 1.1. Section 11(a)(ii) of the Rights Agreement is hereby amended and supplemented by adding the following sentence at the end thereof: “For the avoidance of doubt and notwithstanding Notwithstanding anything in this Agreement to the contrary, the occurrence of (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of any or all of the Voting Agreements, Agreement; (iii) shareholder approval the consummation of the Merger Agreement and/or and (iv) the consummation of the Merger or the other transactions contemplated by in the Merger Agreement and the Voting Agreements shall not be deemed to be a Section 11(a)(ii) Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 11(a)(ii).”

Amendment to Section 1.1. Section 11(a)(ii) of the Rights Agreement is hereby amended and supplemented by adding the following sentence at the end thereof: “For the avoidance of doubt and notwithstanding Notwithstanding anything in this Agreement to the contrary, the occurrence none of (i) the execution and delivery of any of the Merger Voting Agreements or the Asset Purchase Agreement, (ii) the execution and delivery of any or all consummation of the Voting Agreements, Acquisition and (iii) shareholder approval of the Merger Agreement and/or (iv) the consummation of the Merger Transactions or the other transactions contemplated exercise by the Merger Agreement and parties thereto of their respective rights under the Voting Agreements Agreements, shall not be deemed to be result in a Section 11(a)(ii) Event and nor shall not such cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 11(a)(ii).”

Amendment to Section 1.1. Section 11(a)(ii) of the Rights Agreement is hereby amended and supplemented by adding the following sentence at the end thereof: “For the avoidance of doubt and notwithstanding Notwithstanding anything in this Agreement to the contrary, the occurrence of (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of any or all of the Voting Agreements, Tender and Support Agreement; (iii) shareholder approval the consummation of the Merger Agreement and/or Offer, (iv) the consummation of the Merger or Merger, and (v) the consummation of the other transactions contemplated by in the Merger Agreement and the Voting Agreements shall not be deemed to be a Section 11(a)(ii) Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 11(a)(ii).”

Amendment to Section 1.1. Section 11(a)(ii) of the Rights Agreement is hereby amended and supplemented by adding the following sentence at the end thereof: “For the avoidance of doubt and notwithstanding Notwithstanding anything in this Agreement to the contrary, the occurrence of (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of any or all of the Voting AgreementsAgreement, (iii) shareholder approval the consummation of the Merger Agreement and/or and (iv) the consummation of the Merger or the other transactions contemplated by in the Merger Agreement and the Voting Agreements shall not be deemed to be a Section 11(a)(ii) Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 11(a)(ii).”