Common use of Amendment of Section 13 Clause in Contracts

Amendment of Section 13. Section 13 of the Rights Agreement is hereby amended by adding the following sentence to the end thereof: “Notwithstanding anything in this Agreement to the contrary, neither (i) the execution and delivery of the Merger Agreement (or any amendment thereto) nor (ii) the consummation of the transactions contemplated thereby, including the Merger, shall be deemed to be an event of the type described in this Section 13 or cause the Rights to be adjusted or to become exercisable in accordance with this Section 13 or otherwise.”

Amendment of Section 13. Section 13 of the Rights Agreement is hereby amended by adding to add the following sentence to at the end thereof: “Notwithstanding anything in "The provisions of this Agreement Section 13 shall not apply to the contrary, neither (i) the execution and delivery of the Merger Agreement (or any amendment thereto) nor (ii) the consummation of the transactions contemplated thereby, including the Merger, shall be deemed to be an event of the type described in this Section 13 or cause the Rights to be adjusted or to become exercisable in accordance with this Section 13 or otherwise.”"

Amendment of Section 13. Section 13 of the Rights Agreement is hereby ----------------------- amended by adding to add the following sentence to at the end thereof: “"Notwithstanding anything in this Rights Agreement to the contrary, neither (i) the execution and delivery of the Merger Agreement and the Option Agreement; (ii) the acquisition of Common Stock pursuant to the Merger Agreement or any amendment thereto) the Option Agreement or the consummation of the Merger; nor (iiiii) the consummation of the other transactions contemplated thereby, including in the MergerMerger Agreement and the Option Agreement, shall be deemed to be an event of the type described in this a Section 13 Event or to cause the Rights to be adjusted or to become exercisable in accordance with this Section 13 or otherwise13.”"

Amendment of Section 13. Section 13 of the Rights Agreement is hereby amended by adding the following sentence to the end thereof: “Notwithstanding anything in this Agreement to the contrary, neither (i) the execution and delivery of the Merger Agreement (or any amendment thereto) ), or of any agreement or document contemplated by the Merger Agreement or in furtherance of the transactions contemplated thereby, or the public announcement of any of the foregoing, nor (ii) the consummation of the transactions contemplated thereby, including the Merger, shall be deemed to be an event of the type described in this Section 13 or cause the Rights to be adjusted or to become exercisable in accordance with this Section 13 or otherwise.”

Amendment of Section 13. Section 13 of the Rights Agreement is hereby amended by adding restating the following last sentence to the end thereofof that section as follows: “Notwithstanding anything in this Agreement to the contrary, neither (i) the execution and delivery of the Merger Agreement (or any amendment thereto) ), or of any agreement or document contemplated by the Merger Agreement or in furtherance of the transactions contemplated thereby, or the public announcement of any of the foregoing, nor (ii) the consummation of the transactions contemplated thereby, including the Tender Offer and the Merger, shall be deemed to be an event of the type described in this Section 13 or cause the Rights to be adjusted or to become exercisable in accordance with this Section 13 or otherwise.”

Amendment of Section 13. Section 13 of the Rights Agreement is hereby amended by adding the following sentence to the end thereof: “Notwithstanding anything in this Agreement to the contrary, neither none of (i) the execution and delivery of the Merger Agreement (or any amendment thereto) nor ), (ii) the consummation of the transactions contemplated thereby, including the Mergerthereby or (iii) any Issuance, shall be deemed to be an event of the type described in this Section 13 or cause the Rights to be adjusted or to become exercisable in accordance with this Section 13 or otherwise.”

Amendment of Section 13. Section 13 of the Rights Agreement is hereby amended by adding inserting the following sentence at the end of such Section: "Notwithstanding the foregoing, this Section 13 shall not apply to the end thereof: “Notwithstanding anything in this Agreement to the contrary, neither (i) Merger or as a result of the execution and delivery of the Merger Agreement (or any amendment thereto) nor (ii) the consummation of the transactions contemplated thereby, including the Merger, shall be deemed to be an event of the type described in this Section 13 or cause the Rights to be adjusted or to become exercisable in accordance with this Section 13 or otherwise.”"