Amendment, Modification and Other Action Clause Samples

Amendment, Modification and Other Action. Subject to applicable law, this Agreement may be amended, modified and supplemented in any and all respects, whether before or after any vote of the stockholders of HFID contemplated hereby, by written agreement of the parties hereto, at any time prior to the Closing Date with respect to any of the terms contained herein; provided, however, that after the approval of this Agreement by the stockholders of HFID, no such amendment, modification or supplement shall reduce the amount or change the form of the Merger Consideration.

Amendment, Modification and Other Action. Subject to applicable law, this Agreement may be amended, modified and supplemented in any and all re- spects, whether before or after any vote of the stock- holders of the Company contemplated hereby, by written agreement of the parties hereto, at any time prior to the Closing Date with respect to any of the terms contained herein; provided, however, that after the approval of this Agreement by the stockholders of the Company, no such amendment, modification or supplement shall reduce the amount or change the form of the Merger Consider- ation. Notwithstanding any provision of this Agreement to the contrary, no action by the Company referred to in Sections 1.2 or 1.3, Article VI or VII or this Article VIII, and no consent under the first sentence of Section 5.9(c), shall be effective without the approval of the Special Committee.