Amendment of Certain Provisions. OF THE CREDIT AGREEMENT -----------------------
Amendment of Certain Provisions. Section 9.8. Section 9.8 of the Agreement is hereby amended in its entirety to read as follows:
Amendment of Certain Provisions. OF ARTICLES 4, 5 AND 6 AND OTHER RELATED PROVISIONS OF THE ORIGINAL INDENTURE.
Amendment of Certain Provisions. Solely with respect to the Notes issued hereby, references to “25%” in Article Five of the Indenture are hereby deleted in their entirety and “33%” is substituted in lieu thereof. ARTICLE SIX
Amendment of Certain Provisions. (a) The Indenture is hereby amended to delete each of the following sections, or clauses of sections, in its entirety and, in the case of each such section or clause, insert in lieu thereof the phrase "[Intentionally Omitted]":
Amendment of Certain Provisions. Section 7.1. The second sentence of Section 7.1(b) of the Agreement shall be deleted in its entirety and replaced by the following: “From the date hereof through the earlier of (x) termination of this Agreement in accordance with this Agreement, and (y) forty-five (45) calendar days prior to the Outside Date, other than in connection with the transactions contemplated hereby, neither the Company, on the one hand, nor the Parent Parties, on the other hand, shall, and such Persons shall cause each of their respective officers, directors, Affiliates, managers, consultants, employees, representatives (including investment bankers, attorneys and accountants) and agents not to, directly or indirectly, (i) encourage, solicit, initiate, engage or participate in negotiations with any Person concerning, or make any offers or proposals related to, any Alternative Transaction, (ii) take any other action intended or designed to facilitate the efforts of any Person relating to a possible Alternative Transaction, (iii) enter into, engage in or continue any discussions or negotiations with respect to an Alternative Transaction with, or provide any non-public information, data or access to employees to, any Person that has made, or that is considering making, a proposal with respect to an Alternative Transaction or (iv) approve, recommend or enter into any Alternative Transaction or any Contract related to any Alternative Transaction. Notwithstanding anything to the contrary in the preceding sentence in this Section 7.1(b), during the foregoing the forty-five (45) calendar day period prior to the Outside Date and any extension period if the original Outside Date has been extended pursuant to Section 11.1(d)(i), neither the Company nor the Parent Parties may approve, recommend, enter into or consummate any Alternative Transaction or any Contract related to any Alternative Transaction.
Amendment of Certain Provisions a) Upon the effectiveness of the Merger, Exhibit A shall be replaced in its entirety with the Certificate of Designation of Series A Junior Participating Preferred Stock of ICOS WA filed with the Washington Secretary of State on August 1, 2005.
Amendment of Certain Provisions. Any amendment of Sections ------------------------------- 3.7(a)(i) or (iii) above or 4.3(b)(iii) below.
Amendment of Certain Provisions. Section 12.1(d)(i):
Amendment of Certain Provisions a) Upon the effectiveness of the Reincorporation Merger, the third recital of the Rights Agreement is amended by deleting the language “the Resolution Establishing and Designating Series A Junior Participating Preferred Stock adopted by the Board of Directors of the Company as of October 25, 1989” and replacing such language with the language “the Certificate of Designation of Series A Junior Participating Preferred Stock of the Company filed with the Secretary of State of the State of Delaware on April 27, 2005”.
