Amendment of Definition of “Acquiring Person. The definition of “Acquiring Person” in Section 1(a) of the Rights Agreement is hereby supplemented and amended by adding the following as Section 1(a)(iii):
Amendment of Definition of “Acquiring Person. Paragraph (a) of Section 1 of the Rights Agreement is amended by deleting the paragraph in its entirety and replacing it with the following:
Amendment of Definition of “Acquiring Person. The definition of “Acquiring Person” in Section 1(a) of the Rights Agreement is hereby supplemented and amended by inserting the following sentence after the last sentence thereof: “Notwithstanding anything in this Agreement to the contrary, neither Parent, Merger Sub 1, Merger Sub 2, nor any of their respective Affiliates or Associates shall be deemed, individually or collectively, to be an Acquiring Person as a result of the public announcement, approval, execution, delivery or performance of (i) the Merger Agreement or the Voting Agreement, (ii) the consummation of the Merger or (iii) any of the other transactions contemplated by the Merger Agreement.”
Amendment of Definition of “Acquiring Person. The definition of "Acquiring Person" in Section 1 of the Existing Class A Agreement is hereby amended to read in its entirety as follows:
Amendment of Definition of “Acquiring Person. The definition of “Acquiring Person” in Section 1.1 of the Rights Agreement is hereby supplemented and amended by inserting the following sentence after the last sentence thereof: “Notwithstanding anything in this Agreement to the contrary, none of the members of the Save Scio Group, either individually, collectively or in any combination, shall be deemed to be an Acquiring Person as a result of the public announcement, approval, adoption, execution, delivery or performance of the Settlement Agreement, any amendment, modification or waiver thereto approved in advance by the Board of Directors of the Company, the consummation of the Settlement Acquisition or any of the other transactions contemplated by the Settlement Agreement, or any combination of the foregoing (each, an “Exempt Event” and, collectively, the “Exempt Events”).”
Amendment of Definition of “Acquiring Person. The definition of “Acquiring Person” contained in Section 1(a) of the Rights Agreement is hereby amended as follows:
(a) by deleting from the first sentence thereof the phrase: “(upon approval, in the case of subclauses (x) and (y), by a majority of the Continuing Directors (as such term is hereinafter defined))”; and
(b) by deleting from the second sentence thereof the following phrase: “(upon approval by a majority of the Continuing Directors)”.
Amendment of Definition of “Acquiring Person. The first sentence of the definition of Acquiring Person contained in Section 1(a) of the Rights Agreement shall be replaced in its entirety by a new first sentence to read as follows:
Amendment of Definition of “Acquiring Person. Section 1 is hereby amended by amending and restating existing clause (a) as a new clause (b) as follows:
Amendment of Definition of “Acquiring Person. The definition of “Acquiring Person” in Section 1 of the Rights Agreement is hereby amended and supplemented by adding the following sentence at the end thereof: “Notwithstanding anything in this Rights Agreement to the contrary, neither VLP, Subcorp, nor any of their Affiliates or Associates shall be deemed to be an Acquiring Person as a result, directly or indirectly, of (i) the approval, execution, delivery or performance of the Merger Agreement, (ii) the consummation of the Merger or any other transaction contemplated by the Merger Agreement or (iii) the public announcement of any of the foregoing.”
Amendment of Definition of “Acquiring Person. Section 1(a) of the Agreement is hereby amended and restated in its entirety as follows:
