Common use of Amendment to Definition of Acquiring Person Clause in Contracts

Amendment to Definition of Acquiring Person. The definition of “Acquiring Person” set forth in Section 1(a) (Certain Definitions) of the Rights Agreement is hereby amended and supplemented by adding the following sentence to the end thereof: “Notwithstanding anything in this Agreement to the contrary, neither Parent, Holdings, Merger Sub nor any of their existing or future Affiliates or Associates shall be deemed to be an Acquiring Person solely by virtue of (i) the approval, execution or delivery of the Merger Agreement, (ii) the public or other announcement of the Merger Agreement or the other transactions contemplated by the Merger Agreement or (iii) the consummation of the Merger or the other transactions contemplated by the Merger Agreement (each of the events described in clauses (i), (ii) or (iii) an “Exempt Event”).”

Amendment to Definition of Acquiring Person. The definition of “Acquiring Person” set forth in Section 1(a) (Certain Definitions) of the Rights Agreement is hereby amended and supplemented by adding the following sentence to the end thereof: “Notwithstanding anything in this Agreement to the contrary, neither Parent, Holdings, Merger Sub nor any of their its existing or future Affiliates or Associates shall be deemed to be an Acquiring Person solely by virtue of (i) the approval, execution or delivery of the Merger Agreement, (ii) the public or other announcement of the Merger Agreement or the other transactions contemplated by the Merger Agreement or (iii) the consummation of the Merger or the other transactions transaction contemplated by the Merger Agreement (each of the events described in clauses (i), (ii) or (iii) an “Exempt Event”).”

Amendment to Definition of Acquiring Person. The definition of “Acquiring Person” set forth in Section 1(a) (Certain Definitions) of the Rights Agreement is hereby amended and supplemented by adding the following sentence to the end thereof: “Notwithstanding anything in this Agreement to the contrary, neither Parent, Holdings, Merger Sub Parent nor any of their its existing or future Affiliates or Associates shall be deemed to be an Acquiring Person solely by virtue of (i) the approval, execution or delivery of the Merger Agreement, (ii) the public or other announcement of the Merger Agreement or the other transactions contemplated by the Merger Agreement or thereby, (iii) the consummation of the Merger or (iv) the consummation of any other transactions transaction contemplated by the Merger Agreement (each of the events described in clauses (i), (ii) or (iii) an “Exempt Event”)Agreement.”

Amendment to Definition of Acquiring Person. The definition of “"Acquiring Person” " set forth in Section 1(a) (Certain Definitions) of the Rights Agreement is hereby amended and supplemented by adding the following sentence to the end thereof: “"Notwithstanding anything in this Agreement to the contrary, neither Parent, Holdings, Merger Sub Parent nor any of their its existing or future Affiliates or Associates Associates, including, without limitation, Holdings, shall be deemed to be an Acquiring Person solely by virtue of (i) the approval, execution or delivery of the Merger Agreement, (ii) the public or other announcement of the Merger Agreement or the other transactions contemplated by the Merger Agreement or thereby, (iii) the consummation of the Merger or (iv) the consummation of any other transactions transaction contemplated by the Merger Agreement (each of the events described in clauses (i), (ii) or (iii) an “Exempt Event”)Agreement.”"