Common use of Amendment to Section 3(a) Clause in Contracts

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to add the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, none of (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 be deemed to result in a Distribution Date.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended and supplemented to add the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, none of (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of any or all of the Tender and Support AgreementVoting Agreements, (iii) the consummation shareholder approval of the Offer, Merger Agreement or (iv) the consummation of the Merger, and (v) the consummation of Merger or the other transactions contemplated in by the Merger Agreement and the Voting Agreements shall be deemed to result in a Distribution Date.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended and supplemented to add the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, none of (i) the execution and delivery of the Merger AgreementAgreement or any of the agreements contemplated thereunder (including without limitation any voting agreements), (ii) the execution and delivery shareholder approval of the Tender and Support Agreement, Merger Agreement or (iii) the consummation of the Offer, (iv) the consummation of the Merger, and (v) the consummation of Merger or the other transactions contemplated in by the Merger Agreement shall be deemed to result in a Distribution Date.”

Amendment to Section 3(a). The following text is added at the end of Section 3(a) of the Rights Agreement is hereby amended to add the following sentence at the end thereofAgreement: “Notwithstanding anything in this Agreement to the contrary, none no Shares Acquisition Date nor Distribution Date shall occur by virtue of (i) the approval, execution and or delivery of the Merger Agreement, (ii) the execution and delivery announcement of the Tender and Support AgreementMerger, (iii) the consummation of the Offer, Merger or the other transactions contemplated by the Merger Agreement or (iv) the consummation acquisition of the Merger, and (v) the consummation of the other transactions contemplated in Company Common Stock pursuant to the Merger Agreement shall be deemed to result in a Distribution Dateor the Merger Agreement.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to add the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, none of (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery consummation of the Tender Merger and Support Agreement, (iii) the consummation of the Offer, (iv) the consummation of the Merger, and (v) the consummation of the any other transactions transaction contemplated in the Merger Agreement shall be deemed to result in a Distribution Date.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby supplemented and amended to add by inserting the following sentence at after the end first sentence thereof: “Notwithstanding anything in this Agreement to the contrary, none a Distribution Date shall not be deemed to have occurred as a result of the public announcement, approval, execution, delivery or performance of (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery consummation of the Tender and Support AgreementOffer, (iii) the consummation of the Offer, Merger or (iv) the consummation of the Merger, and (v) the consummation any of the other transactions contemplated in by the Merger Agreement shall be deemed to result in a Distribution Date(including, without limitation, execution and delivery of the Tender Agreement).”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to add the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, none of (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of the Tender and Support AgreementVoting Agreements, (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 be deemed to result in a Distribution Date.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to add the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, none of (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of the Tender and Support Voting 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 be deemed to result in a Distribution Date.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended and supplemented to add the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, none of (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of any or all of the Tender and Support AgreementVoting Agreements, (iii) the consummation stockholder approval of the Offer, Merger Agreement or (iv) the consummation of the Merger, and (v) the consummation of Merger or the other transactions contemplated in by the Merger Agreement and the Voting Agreements shall be deemed to result in a Distribution Date.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to add the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, none of (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of the Tender and Support Voting Agreement, ; (iii) the consummation of the Offer, Merger and (iv) the consummation of the Merger, and (v) the consummation of the other transactions contemplated in the Merger Agreement shall be deemed to result in a Distribution Date.”