Common use of Amendment to Section 2.4(a) Clause in Contracts

Amendment to Section 2.4(a). Section 24(a) of the Rights Agreement is hereby amended in its entirety to read as follows: (i) The Board of Directors of the Company may, at its option, at any time prior to the earlier of (A) the occurrence of a Triggering Event and (B) the Expiration Date, order the redemption of all, but not fewer than all, the then outstanding Rights at a Redemption Price of $.01 per Right, which amount shall be appropriately adjusted to reflect any dividend or distribution of Common Shares, and any subdivision, split or combination of outstanding Common Shares, after the date of this Rights Agreement which results in a change in the number of outstanding Rights (the date of such redemption and such redemption price being hereinafter referred to as the “Redemption Date” and the “Redemption Price,” respectively), and the Company, at its option, may pay the Redemption Price either in cash or Common Shares or other shares of capital stock or securities of the Company deemed by its Board of Directors, in the exercise of its sole discretion, to be at least equivalent in value to the Redemption Price. (ii) The Board of Directors of the Company may, at its option, also order the redemption of all, but not fewer than all, the then outstanding Rights at the Redemption Price following the occurrence of a Triggering Event but prior to the occurrence of a Business Combination in connection with a Business Combination in which all holders of Common Shares are treated alike and not involving (other than as a holder of Common Shares being treated like all other such holders) an Acquiring Person or an Affiliate or Associate of an Acquiring Person or any other Person in which such Acquiring Person, Affiliate or Associate has any interest, or any other person acting directly or indirectly on behalf of, or in association with, any such Acquiring Person, Affiliate or Associate.