Common use of Amendment to Merger Agreement Clause in Contracts

Amendment to Merger Agreement. Upon execution hereof, the Merger Agreement shall be amended as follows: (a) Section 7.2(a) is hereby amended and restated to read in its entirety as follows: (a) if the Merger has not been consummated by July 13, 2004, provided that the right to terminate this Agreement under this clause (a) shall not be available to any party to this Agreement whose failure to fulfill any of its obligations has been a principal cause of, or resulted in, the failure to consummate the Merger by such date;”

Amendment to Merger Agreement. Upon execution hereof, the Merger Agreement shall be amended as follows: (a) Section 7.2(a) is hereby amended and restated to read in its entirety as follows: (a) if the Merger has not been consummated by July 136, 2004, provided that the right to terminate this Agreement under this clause (a) shall not be available to any party to this Agreement whose failure to fulfill any of its obligations has been a principal cause of, or resulted in, the failure to consummate the Merger by such date;”

Amendment to Merger Agreement. Upon execution hereof, Section 11.01(b)(i) of the Merger Agreement shall be amended as follows: (a) Section 7.2(a) is hereby amended and restated to read in its entirety to read as followsset forth below: (ai) if the Merger has not been consummated by July 13on or before November 19, 2004, 2009 (the “End Date”); provided that the right to terminate this Agreement under pursuant to this clause (aSection 11.01(b)(i) shall not be available to any party to whose breach of any provision of this Agreement whose failure to fulfill any of its obligations has been a principal cause of, or resulted in, results in the failure to consummate of the Merger to be consummated by such datetime;”

Amendment to Merger Agreement. Upon execution hereof, Section 11.01(b)(i) of the Merger Agreement shall be amended as follows: (a) Section 7.2(a) is hereby amended and restated to read in its entirety to read as followsset forth below: (ai) if the Merger has not been consummated by July 13on or before December 31, 2004, 2009 (the “End Date”); provided that the right to terminate this Agreement under pursuant to this clause (aSection 11.01(b)(i) shall not be available to any party to whose breach of any provision of this Agreement whose failure to fulfill any of its obligations has been a principal cause of, or resulted in, results in the failure to consummate of the Merger to be consummated by such datetime;”

Amendment to Merger Agreement. Upon execution hereof, Section 11.01(b)(i) of the Merger Agreement shall be amended as follows: (a) Section 7.2(a) is hereby amended and restated to read in its entirety to read as followsset forth below: (ai) if the Merger has not been consummated by July 13on or before October 30, 2004, 2009 (the “End Date”); provided that the right to terminate this Agreement under pursuant to this clause (aSection 11.01(b)(i) shall not be available to any party to whose breach of any provision of this Agreement whose failure to fulfill any of its obligations has been a principal cause of, or resulted in, results in the failure to consummate of the Merger to be consummated by such datetime;”