Common use of Amendment to Rights Agreement Clause in Contracts

Amendment to Rights Agreement. (a) The Board has taken all necessary action to irrevocably amend the Rights Agreement so that the execution or delivery of this Agreement will not cause (i) the Rights to become exercisable under the Rights Agreement, (ii) Parent or Merger Sub or any of their affiliates to be deemed an "Acquiring Person" (as defined in the Rights Agreement) or (iii) the occurrence of the Distribution Date or the "Stock Acquisition Date" (as defined in the Rights Agreement).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cell Pathways Inc /De), Agreement and Plan of Merger (Osi Pharmaceuticals Inc)

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Amendment to Rights Agreement. (a) The Company Board has taken all necessary action to irrevocably amend the Rights Agreement so that none of the execution or delivery of this Agreement Agreement, the making of the Offer or the acceptance for payment or payment for Company Shares by Purchaser pursuant to the Offer will not cause (i) the Rights to become exercisable under the Rights Agreement, (ii) Parent or Merger Sub Purchaser or any of their affiliates to be deemed an "Acquiring Person" (as defined in the Rights Agreement) or (iii) the occurrence of the Distribution Date or the "Stock Acquisition Date" (as defined in the Rights Agreement).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wind River Systems Inc), Agreement and Plan of Merger (Intel Corp)

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Amendment to Rights Agreement. (a) The Company Board has taken all necessary action to irrevocably amend the Rights Agreement so that none of the execution or delivery of this Agreement Agreement, nor performance by the respective parties hereto of their obligations hereunder, nor any of the Transactions will not cause (i) the Rights to become exercisable under the Rights Agreement, ; (ii) Parent or Merger Sub Purchaser or any of their affiliates to be deemed an "Acquiring Person" ” (as defined in the Rights Agreement); or (iii) the “Share Acquisition Date” (as defined in the Rights Agreement) or (iii) the occurrence of the Distribution Date or the "Stock Acquisition Date" (as defined in the Rights Agreement)to occur upon any such event.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Starcraft Corp /In/), Agreement and Plan of Merger (Starcraft Corp /In/)

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