Common use of Amendment of Rights Agreement Clause in Contracts

Amendment of Rights Agreement. If the Rights are still then redeemable pursuant to Section 23 of the Rights Agreement, the Company agrees to adopt an amendment to the Rights Agreement in the form attached as Exhibit A hereto (the “Rights Amendment”) as soon as practicable after execution hereof, and in any event within one (1) Business Day of the date of this Agreement (the date of effectiveness of such Rights Amendment, the “Effective Date”), which Rights Amendment will provide that the acquisition by the Baupost Entities of the Exempted Shares, subject to the terms and conditions provided herein and in the Rights Amendment, will not result in any Baupost Entity becoming an Acquiring Person.

Amendment of Rights Agreement. If the Rights are still then redeemable pursuant to Section 23 of the Rights Agreement, the Company agrees to adopt an amendment to the Rights Agreement in the form attached as Exhibit A hereto (the “Rights Amendment”) as soon as practicable after execution hereof, and in any event within one (1) Business Day of the date of this Agreement (the date of effectiveness of such Rights Amendment, the “Effective Date”), which Rights Amendment will provide that the acquisition by the Baupost BVF Entities of the Exempted Shares, subject to the terms and conditions provided herein and in the Rights Amendment, will not result in any Baupost BVF Entity becoming an Acquiring Person.