Common use of Subsequent Modification Clause in Contracts

Subsequent Modification. If at any time or from time to time after the date hereof and prior to the final Subsequent Closing Date, CEMEX or any of its Affiliates shall have entered into an agreement or understanding relating to the acquisition of or other payment in respect to (whether for cash or other consideration, and whether pursuant to any form of option, call, put, purchase, redemption, exchange, retirement or other right) shares of common stock of CAH from a stockholder other than the Seller, and the terms of such other agreement or understanding are more favorable to such stockholder than the terms hereof or the Escrow Agreement are to the Seller, then, within thirty (30) days of the date of such other agreement or understanding, CEMEX shall provide to Seller a written description of such other agreement or understanding and provide Seller a period of at least thirty (30) days in which to decide whether or not to modify the terms hereof or of the Escrow Agreement to reflect the terms of such other agreement or 483745.01-New York S4A 26 understanding (including, without limitation, a change in the amounts used to calculate the Number of CPOs in Article I(2) hereof).

Subsequent Modification. If at any time or from time to time after the date hereof and prior to the final Subsequent Closing Date, CEMEX or any of its Affiliates shall have entered into an agreement or understanding relating to the acquisition of or other payment in respect to (whether for cash or other consideration, and whether pursuant to any form of option, call, put, purchase, redemption, exchange, retirement or other right) shares of common stock of CAH from a stockholder other than the Seller, and the terms of such other agreement or understanding are more favorable to such stockholder than the terms hereof or the Escrow Agreement are to the Seller, then, within thirty (30) days of the date of such other agreement or understanding, CEMEX shall provide to Seller a written description of such other agreement or understanding and provide Seller a period of at least thirty (30) days in which to decide whether or not to modify the terms hereof or of the Escrow Agreement to reflect the terms of such other agreement or 483745.01-New York S4A 26 understanding (including, without limitation, a change in the amounts used to calculate the Number of CPOs in Article I(2) hereof).. 483741.01-New York S4A 26