Amendment of Section 3.1. SECTION 31, NOTICES, is hereby deleted in its entirety and replaced with the following: All notices and other communications under this Agreement will be effective when received and sufficient if given in writing and delivered by confirmed facsimile transmission, by certified or registered mail, or by an overnight delivery service of general commercial use (such as UPS, Federal Express or Airborne), addressed to the attention of the applicable party described as follows:
Amendment of Section 3.1. Section 3.1 of the Purchase Agreement is hereby amended and restated in its entirety as follows: “Closing Date. Subject to Section 2.3(h), the closing of the transactions contemplated hereunder (the “Closing”) is expected to take place at the offices of Xxxxxxx Xxxx & Xxxxx LLP, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 a.m. (local time) on May 2, 2005, provided that the conditions set forth in Articles VIII and IX have been satisfied (other than those conditions that by their terms cannot be satisfied until the Closing Date) or, in the case of Article VIII, waived by Purchaser, or, in the case of Article IX, waived by Seller (subject to Section 2.3(i), such date and time being referred to herein as the “Closing Date”). If the Closing does not occur on May 2, 2005, the Closing shall occur at the offices of Xxxxxxx Xxxx & Xxxxx LLP, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 a.m. (local time) on the earlier to occur of (i) the last Business Day of the calendar month in which the last of the conditions set forth in Articles VIII and IX have been satisfied (other than those conditions that by their terms cannot be satisfied until the Closing Date) or, in the case of Article VIII, waived by Purchaser or, in the case of Article IX, waived by Seller, or (ii) at such other place and at such other time and date as may be mutually agreed upon by Purchaser and Seller (in the event that the Closing does not occur on May 2, 2005, such date and time being referred to herein as the “Closing Date”)”
Amendment of Section 3.1. Section 31 of the Rights Agreement is ----------------------- hereby amended by deleting it in its entirety and inserting in lieu thereof the following new Section 31: "Section 31. [RESERVED]".
Amendment of Section 3.1. Section 3.1(b) of the Agreement shall be and is hereby replaced as of the Effective Date in its entirety by the following:
Amendment of Section 3.1. Section 3.1 of the Agreement is amended and replaced in its entirety with the following:
Amendment of Section 3.1. The provisions of Section 3.1 of the Original SBC Merger Agreement are hereby amended and restated in their entirety as follows:
Amendment of Section 3.1. The first sentence of Section 3.1 shall be deleted in its entirety and the following substituted in lieu thereof: “Licensee shall make a non-refundable payment of two hundred thousand dollars ($200,000) (the “Initial Payment”) to the Licensor in four installments as follows: (i) fifty thousand dollars ($50,000) by July 8, 2015, (ii) twenty-five thousand dollars ($25,000) by August 31, 2015, (iii) twenty-five thousand dollars ($25,000) by October 31, 2015 and (iv) one hundred thousand dollars ($100,000) upon the earlier of (a) ten (10) days following the closing of Licensee’s first equity financing that brings the total equity financing raised to [***] dollars ($[***]) or (b) November 30, 2015.”
Amendment of Section 3.1. Section 3.1 of the Asset Purchase Agreement is hereby deleted and replaced in its entirety with the following:
Amendment of Section 3.1. Section 3.1 of the Purchase Agreement is hereby amended and restated in its entirety as follows: “Closing Date. Subject to Section 2.3(h), the closing of the transactions contemplated hereunder (the “Closing”) is expected to take place at the offices of Xxxxxxx Xxxx & Xxxxx LLP, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 a.m. (local time) on May 2, 2005, provided that the conditions set forth in Articles VIII and IX have been satisfied (other than those conditions that by their terms cannot be satisfied until the Closing Date) or, in the case of Article VIII, waived by Purchaser, or, in the case of Article IX, waived by Seller (subject to Section 2.3(i), such date and time being referred to herein as the “Closing Date”). If the Closing does not occur on May 2, 2005, the Closing shall occur at the offices of Xxxxxxx Xxxx & Xxxxx LLP, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, at 10:00 a.m. (local time) on the earlier to occur of
Amendment of Section 3.1. Section 31 of the Rights Agreement is hereby modified and amended to add the following sentence at the end thereof: Nothing in this Agreement shall be construed to give any holder of Rights or any other Person any legal or equitable rights, remedies or claims under this Agreement by virtue of the approval, execution or delivery of the Merger Agreement, or the consummation of the Merger or any other transactions contemplated by the Merger Agreement in accordance with and pursuant to the terms and conditions of the Merger Agreement or the public announcement of any of the foregoing.
