Amendment to Section 13. Section 13 of the Rights Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of the Tender and Support Agreement, (iii) the consummation of the Offer, (iv) the consummation of the Merger, and (v) the consummation of the other transactions contemplated in the Merger Agreement shall not be deemed to be a Section 13 Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 13.”
Amendment to Section 13. Section 13 of the Rights Agreement is hereby amended by adding the following paragraph immediately following Section 13(f):
Amendment to Section 13. Section 13 of the Credit Agreement is hereby amended by adding at the end of Section 13.21 a new Section 13.22 to read as follows:
Amendment to Section 13. Section 13 of the Original Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 13. Section 13 of the Rights Agreement is hereby amended by adding to the end thereof the following: “Notwithstanding anything contained in this Section 13 to the contrary, the approval, execution, and delivery of the Merger Agreement and the consummation of the transactions contemplated thereby, including the Merger, shall be excluded and exempt from the operation of and will not trigger the provisions of this Section 13.”.
Amendment to Section 13. Section 1.3 of the Merger Agreement is hereby deleted and replaced in its entirety with the following:
Amendment to Section 13. 4 of the Original Agreement is hereby amended by the addition of two following clauses thereof:
Amendment to Section 13. 10. Section 13.10 of the Agreement is hereby amended by adding at the end thereof the following new sentence: “If a transaction results in any adjustment to the exercise price for and number of Shares underlying the Warrants pursuant to Article 5 of the Warrant Agreement, the exercise price for and number of shares underlying each of the New Warrants and GGO Warrants described in Section 5.2 of this Agreement shall be adjusted for that transaction in the same manner.”
Amendment to Section 13. Section 13 of the Employment Agreement shall be amended and restated in its entirety to read as follows:
Amendment to Section 13. Section 1.3 of the Agreement is hereby amended and restated in its entirety as follows:
