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

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence after the last sentence thereof: “Notwithstanding the foregoing or any provision to the contrary in this Agreement, a Distribution Date shall not occur or be deemed to have occurred as a result of the execution of the Merger Agreement or the announcement or consummation of the transactions contemplated thereby.”

Appears in 1 contract

Samples: Rights Agreement (Xm Satellite Radio Holdings Inc)

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Amendment to Section 3(a). Section 3(a) of the Rights Agreement is shall be amended to add by inserting the following sentence after at the last sentence thereof: end of Section 3(a): “Notwithstanding the foregoing or any provision to the contrary in this Agreement, a Distribution Date shall not occur or be deemed to have occurred by virtue of or as a result of the execution of the Merger Agreement or the announcement or consummation of the transactions contemplated therebyany Exempted Transaction.”

Appears in 1 contract

Samples: Rights Agreement (Avaya Inc)

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to add by inserting the following sentence after at the last sentence end thereof: "Notwithstanding the foregoing or any provision anything in this Agreement to the contrary in this Agreementcontrary, a Distribution Date shall not occur or be deemed to have occurred solely as a result of the execution occurrence of the Merger Agreement or the announcement or consummation of the transactions contemplated therebyany Permitted Event."

Appears in 1 contract

Samples: Rights Agreement (Wilmington Trust Corp)

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is shall be amended to add by inserting the following sentence after at the last sentence thereof: end of Section 3(a): “Notwithstanding the foregoing or any provision to the contrary in this Agreement, a Distribution Date shall not occur or be deemed to have occurred in connection with, by virtue of or as a result of the execution of the Merger Agreement or the announcement or consummation of the transactions contemplated therebyany Exempted Transaction.”

Appears in 1 contract

Samples: Rights Agreement (Graphic Packaging Corp)

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to add by inserting the following sentence after at the last sentence end thereof: “Notwithstanding the foregoing or any provision anything in this Agreement to the contrary in this Agreementcontrary, a Distribution Date shall not occur or be deemed to have occurred solely as a result of the execution of the Merger Agreement or the announcement or consummation of the transactions contemplated therebyany Permitted Event.”

Appears in 1 contract

Samples: Rights Agreement (Quintana Maritime LTD)

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Amendment to Section 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence after the last sentence thereof: “Notwithstanding the foregoing or any provision to the contrary in this Agreement, a Distribution Date shall not shall not occur or be deemed to have occurred as a result of the execution of the Merger Agreement or the announcement or consummation of the transactions contemplated therebythereby pursuant to the terms of the Merger Agreement.”

Appears in 1 contract

Samples: Rights Agreement (Realogy Corp)

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to add by inserting the following sentence after at the last sentence thereof: end of such Section 3(a): “Notwithstanding the foregoing or any provision anything in this Agreement to the contrary in this Agreementcontrary, a Distribution Date shall not occur or be deemed to have occurred by virtue of or as a result of the execution of the Merger Agreement or the announcement or consummation of the transactions contemplated therebyany Exempted Transaction.”

Appears in 1 contract

Samples: Rights Agreement (Us Oncology Inc)

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