Common use of Amendment of Section 25 Clause in Contracts

Amendment of Section 25. Section 25 of the Rights Agreement is hereby amended to add the following subsection at the end thereof: (c) Notwithstanding anything in this Agreement to the contrary, the Company shall not be required to give notice under this Section 25 solely as a result of the approval, execution, delivery or adoption of the Merger Agreement or the approval, adoption or consummation of the Merger or any other transaction contemplated by the Merger Agreement, or the public announcement of any of the foregoing.”

Amendment of Section 25. Section 25 of the The Rights Agreement is hereby further modified and amended by adding a new Section 25(c) to add the following subsection at the end thereof: (c) thereof to read in its entirely as follows: “Notwithstanding anything in this Agreement to the contrary, the Company shall not be required to give any notice under this Section 25 solely as hereunder to any holder of a result Rights Certificate by virtue of (i) the approval, execution, execution or delivery or adoption of the Merger Agreement or Agreement, (ii) the approval, adoption or consummation of the Merger (as defined in the Merger Agreement) or (iii) the consummation of any of the other transaction transactions contemplated by the Merger Agreement, or the public announcement of any of the foregoing.”