Amendment of Section 2.2. Section 2.2 of the Purchase Agreement is hereby amended and restated in its entirety as follows:
Amendment of Section 2.2. Section 2.2 of the Agreement shall be amended and restated in its entirety as follows:
Amendment of Section 2.2. Section 2.2 of the Stockholders’ Agreement is hereby amended by adding the following final sentence: “The restrictions on Transfer contained in Section 2.1 of this Agreement will not apply to any Transfer to Kxxxxx-Xxxxx Transportation Holdings Inc., a Delaware corporation, or any subsidiary thereof.”
Amendment of Section 2.2. 1. Section 22.1 of the AGREEMENT is hereby amended and restated in its entirety as follows:
Amendment of Section 2.2. In order to amend the Joint Development Period, the Agreement is hereby amended by deleting the date “December 31, 2004” appearing in the third line of Section 2.2 of the Agreement and replacing such date with the date “December 31, 2006”.
Amendment of Section 2.2. Section 2.2 of the Asset Purchase Agreement is hereby deleted and replaced in its entirety with the following:
Amendment of Section 2.2. Section 2.2 of the Agreement is deleted in its entirety and replaced with the following:
Amendment of Section 2.2. The first sentence of Section 2.2 of the Purchase Agreement is hereby amended and restated as follows: “All corporate action on the part of the Company, its officers, directors, and stockholders necessary for the authorization, execution, and delivery of this Agreement, the performance of all obligations of the Company hereunder, and the authorization, issuance (or reservation for issuance), and delivery of the Series D Preferred Stock (collectively, the “Securities”) has been taken or will be taken prior to the Closing or Additional Closing, as applicable.”
Amendment of Section 2.2. Section 22 of the Agreement is amended to add the following language “in the event that the Rights Agent or one of its Affiliates is not also the transfer agent for the Company” immediately before the word “to” and after the word “and” in the first sentence thereof.
Amendment of Section 2.2. Section 2.2 of the License Agreement is amended to read in its entirety as follows: [*] *Confidential Treatment Requested.
