Common use of Amendment to Definition of “Stock Acquisition Date Clause in Contracts

Amendment to Definition of “Stock Acquisition Date. Section 1(kk) of the Rights Agreement is amended to add the following proviso to the end of the last sentence of such section: “; provided, however, that notwithstanding the foregoing, a Stock Acquisition Date shall not occur or be deemed to have occurred as a result of the Transactions.”

Amendment to Definition of “Stock Acquisition Date. Section 1(kk1(ii) of the Rights Agreement is amended to add the following proviso to the end of the last sentence of such section: “; and further provided, however, that notwithstanding the foregoing, a Stock Acquisition Date shall not occur or be deemed to have occurred as a result of the occurrence of any of the Transactions.”

Amendment to Definition of “Stock Acquisition Date. Section 1(kk1(m) of the Rights Agreement is hereby amended to add the following proviso to at the end of the last sentence of such section: “; provided, however, that that, notwithstanding the foregoing, a Stock Acquisition Date shall not occur or be deemed to have occurred as a result of the Transactionsany Exempted Siemens Event.”

Amendment to Definition of “Stock Acquisition Date. Section 1(kk1(ff) of the Rights Agreement is amended to add the following proviso to at the end of the last sentence of such section: “; provided, however, that notwithstanding the foregoing, a Stock Acquisition Date shall not occur or be deemed to have occurred as a result of the Transactionsexecution of the Merger Agreement or the announcement or consummation of the transactions contemplated thereby.”

Amendment to Definition of “Stock Acquisition Date. Section 1(kk1(r) of the Rights Agreement is hereby amended to add by inserting the following proviso to sentence at the end of such Section 1(r): “Notwithstanding anything in this Section 1(r) to the last sentence of such section: “; provided, however, that notwithstanding the foregoingcontrary, a Stock Acquisition Date shall not occur or be deemed to have occurred by virtue of or as a result of the Transactionspublic announcement of any Exempted Transaction.”

Amendment to Definition of “Stock Acquisition Date. Section 1(kk1(ff) of the Rights Agreement is amended to add the following proviso to the end of the last sentence of such section: “; provided, however, that notwithstanding the foregoing, a Stock Acquisition Date shall not occur or be deemed to have occurred as a result of the Transactions.”

Amendment to Definition of “Stock Acquisition Date. Section 1(kk1(hh) of the Rights Agreement is amended to add the following proviso to at the end of the last sentence of such section: “; provided, however, that notwithstanding the foregoing, a Stock Acquisition Date shall not occur or be deemed to have occurred as a result of the Transactionsexecution of the Merger Agreement or the announcement or consummation of the transactions contemplated thereby pursuant to the terms of the Merger Agreement.”