Amendment to Article III of the Agreement. The preamble to Article III of the Agreement is hereby amended and restated in its entirety to read as follows: “Seller represents and warrants to Purchaser that, as of the date of Amendment No. 3 to this Agreement (the “Amendment No. 3”) and as of the Closing Date, except as set forth in the reports, schedules, forms, statements and other documents filed by Seller with the US Securities and Exchange Commission (the “SEC”), and publicly available prior to the date of Amendment No. 3 (the “Filed Seller SEC Documents”), or in the letter, dated as of the date of Amendment No. 3, from Seller to Purchaser (the “Seller Disclosure Letter”), provided, that when representations made below with respect to the matters as of the Closing Date, such representations shall be deemed to be made immediately prior to giving effect to the Closing of the Transactions:”
Amendment to Article III of the Agreement. Article III of the Agreement shall be deleted and replaced in its entirety with the following:
Amendment to Article III of the Agreement. Article III of the Agreement is hereby amended as follows:
Amendment to Article III of the Agreement. (a) Clause (x) of subparagraph (b) of Section 3.01 of the Agreement shall be removed in its entirety and replaced with the following:
Amendment to Article III of the Agreement. Section 3.12 of the Agreement is amended by deleting the words “the close of trading on the Exchange” and inserting the following text in lieu thereof: “4:15 P.M., New York City time,”.
Amendment to Article III of the Agreement. Section 3.4(c) (Termination of Agreement) of the Agreement is hereby amended by replacing “the date that is fourteen (14) days after the Petition Date” in clause (iii) thereof with “May 2, 2017”.
