Amendment of Section 1(a). Section 1(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "Notwithstanding anything in this Agreement to the contrary, neither Parent nor Merger Sub shall be deemed to be an Acquiring Person solely by virtue of (i) the execution of the Merger Agreement or (ii) the consummation of the Merger."
Appears in 2 contracts
Samples: Merger Agreement (Evergreen Resources Inc), Shareholder Rights Agreement (Evergreen Resources Inc)
Amendment of Section 1(a). Section 1(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "“Notwithstanding anything in this Agreement to the contrary, neither Parent Parent, Merger Sub, nor Merger Sub any of their respective Affiliates shall be deemed to be an Acquiring Person solely by virtue of (i) the execution approval, execution, delivery or performance of the Merger Agreement or (ii) the consummation of the MergerMerger or any of the other transactions contemplated by and pursuant to the Merger Agreement."”
Appears in 1 contract
Amendment of Section 1(a). Section 1(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "“Notwithstanding anything in this Agreement to the contrary, neither Parent nor Merger Sub shall be deemed to be an Acquiring Person solely by virtue of (i) the execution execution, delivery or performance of the Merger Agreement or Agreement, (ii) the consummation of the Merger, or (iii) the execution, delivery or performance of the Voting Agreements."”
Appears in 1 contract
Samples: Rights Agreement (Metasolv Inc)