Common use of Further Amendment Clause in Contracts

Further Amendment. Notwithstanding any provision to the contrary, to the extent requested by Merger Sub, the parties agree to amend this Agreement prior to Closing to permit shares of Company Common Stock and/or Company Stock Options (as defined below) owned by certain employees of the Company as mutually agreed by the Company and Merger Sub to be converted into shares of New Preference Stock with corresponding adjustments to be made to Section 1.01(b) and this Section 2.01 and the related definitions (any such shares of Company Common Stock which are converted are referred to as "ROLL-OVER MANAGEMENT SHARES").

Further Amendment. Notwithstanding any provision to the contrary, to the extent requested by Merger Sub, the parties agree to amend this Agreement prior to Closing to permit shares of Company Common Stock and/or Company Stock Options (as defined below) owned by certain employees or directors of the Company as mutually agreed by the Company and Merger Sub to be converted into shares of New Preference Stock with corresponding adjustments to be made to Section 1.01(b) and this Section 2.01 and the related definitions (any such shares of Company Common Stock which are converted are referred to as "ROLL-OVER MANAGEMENT SHARES")definitions.

Further Amendment. Notwithstanding any provision to the contrary, to the extent requested by Merger Sub, the parties agree to amend this Agreement prior to Closing to permit shares of Company Common Stock and/or Company Stock Options (as defined below) owned by certain employees of the Company as mutually agreed by the Company and Merger Sub to be converted into shares of New Preference Stock with corresponding adjustments to be made to Section 1.01(b) and this Section 2.01 and the related definitions (any such shares of Company Common Stock which are converted are referred to as "ROLLRoll-OVER MANAGEMENT SHARESOver Management Shares").