Amendment to Article I of the Agreement. Article I is amended by inserting, after Paragraph 1.4., the following:
Amendment to Article I of the Agreement. Paragraph 1.4. shall be deleted in its entirety and replaced with the following:
Amendment to Article I of the Agreement. (a) A new Section 1.3(d) shall be added to the Agreement, and shall read as follows: “(d) (i) any and all Liabilities of the Company Subsidiary, including Taxes arising from or attributable to the Company Subsidiary for any period, (ii) any and all Liabilities for Taxes imposed on Seller or the Company Subsidiary arising in connection with the consummation of the transactions contemplated by this Agreement, and (iii) any and all Liabilities for Taxes imposed on any Person that are the responsibility of Purchaser pursuant to Sections 11.1(a) and (b).”
Amendment to Article I of the Agreement. Article I of the Agreement is hereby amended to read in its entirety as follows:
Amendment to Article I of the Agreement. Section 1.1 of the Agreement is amended by deleting the words “the New York Stock Exchange” in the definition of the term “Exchange” and inserting the following text in lieu thereof: “NYSE Arca, Inc., a Delaware corporation and a registered U.S. national securities exchange, or its successor, or if NYSE Arca, Inc. or its successor is no longer the principal national securities exchange on which the Shares are listed, such other principal national securities exchange on which the Shares are then listed”.
Amendment to Article I of the Agreement. (a) Section 1.3 (Assumption of Liabilities) of the Agreement is hereby amended by deleting clause (b) thereof in its entirety and inserting the following in lieu thereof:
