Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as the result of (i) the execution of the Merger Agreement or (ii) the consummation of the Merger."
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Samples: Shareholder Rights Agreement (Evergreen Resources Inc), Merger Agreement (Evergreen Resources Inc)
Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as the a result of (i) the execution execution, delivery or performance of the Merger Agreement or the Stockholders Agreements, or (ii) the consummation of the Mergertransactions contemplated by the Merger Agreement (including, without limitation, the acquisition of Shares (as defined in the Merger Agreement))."
Appears in 2 contracts
Samples: Shareholders Rights Agreement (Medford Bancorp Inc), Shareholders Rights Agreement (Medford Bancorp Inc)
Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereofof such Section: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as the result of (i) the consummation of the Consolidation, (ii) the execution of the Merger Consolidation Agreement or (iiiii) the consummation of the Mergerother transactions contemplated in the Consolidaiton Agreement, or any or all of the foregoing in combination."
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Samples: Rights Agreement (Geon Co)
Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as the result by virtue of (i) the execution of the Merger Agreement, (ii) the acquisition of Common Stock pursuant to the Merger Agreement or the consummation of the Merger, or (iiiii) the consummation of the Mergerother transactions contemplated by the Merger Agreement."
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Samples: Rights Agreement (Colonial Gas Co)
Amendment of Section. 3(a). Section 3(a) of the Rights rights Agreement is amended to add by adding the following sentence at the end thereof: "Notwithstanding the foregoing or anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as by virtue of the result of (i) the execution execution, consummation or public announcement of the Merger Agreement or (ii) the consummation by virtue of any of the Mergertransactions contemplated by the Merger Agreement."
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Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add by adding the following sentence at the end thereof: "Notwithstanding the foregoing or anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as the result of (i) the execution by virtue of the Merger execution, delivery or performance of the Business Combination Agreement, the Stock Option Agreements or the Shareholders Agreement or (ii) the consummation solely by virtue of any of the Mergertransactions contemplated by the Business Combination Agreement, the Stock Option Agreements or the Shareholders Agreement."
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Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "βNotwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as the result 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."β
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Samples: Rights Agreement (Metasolv Inc)
Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereofof such Section: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as the result of (i) the consummation of the Consolidation, (ii) the execution of the Merger Consolidation Agreement or (iiiii) the consummation of the Mergerother transactions contemplated in the Consolidation Agreement, or any or all of the foregoing in combination."
Appears in 1 contract
Samples: Rights Agreement (Hanna M a Co/De)
Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add by adding the following sentence at the end thereof: "Notwithstanding the foregoing or anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as by virtue of the result of (i) the execution execution, consummation or public announcement of the Merger Agreement or (ii) the consummation by virtue of any of the Mergertransactions contemplated by the Merger Agreement."
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Samples: Rights Agreement (National Surgery Centers Inc \De\)
Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as the result of (i) the consummation of the Merger, (ii) the execution of the Merger Agreement Agreement, or (iiiii) the consummation execution of the MergerStock Voting Agreements."
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