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 include the following sentence immediately following the last sentence thereof: “Notwithstanding anything to the contrary in this Agreement, a Separation Date shall not occur or be deemed to have occurred as a result of the approval, execution, delivery or performance of the Merger Agreement or the the commencement or consummation of the Offer (as defined in the Merger Agreement), the Merger (as defined in the Merger Agreement) or the other transactions contemplated in the Merger Agreement.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to include the following sentence immediately following the last sentence thereof: “Notwithstanding anything to the contrary in this Agreement, a Separation Date shall not occur or be deemed to have occurred as a result of the approval, execution, delivery or performance of the Merger Agreement or the the commencement or consummation of the Offer Offer (as defined in the Merger Agreement), the Merger (as defined in the Merger Agreement) or the other transactions contemplated in the Merger Agreement.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to include and supplemented by adding the following sentence immediately following as the last final sentence thereofof such section: “Notwithstanding anything in this Agreement to the contrary in this Agreementcontrary, a Separation Distribution Date shall not occur or be deemed to have occurred occur in connection with or as a result of the public announcement, public disclosure, approval, amendment, execution, delivery delivery, adoption or performance of the Merger Agreement, a Voting Agreement or the the commencement or consummation of the Offer (as defined in the First Merger Agreement), the Merger (as defined in the Merger Agreement) or the any other transactions contemplated in the Merger Agreementthereby.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to include add the following sentence immediately following at the last sentence end thereof: “Notwithstanding anything in this Agreement to the contrary in this Agreementcontrary, a Separation Distribution Date shall not occur or be deemed to have occurred as a the result of (i) the approvalconsummation of the Merger, execution, (ii) the execution or delivery or performance of the Merger Agreement or (iii) the the commencement or consummation of the Offer (as defined in the Merger Agreement), the Merger (as defined in the Merger Agreement) or the other transactions contemplated in the Merger Agreement.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to include by inserting the following sentence immediately following after the last sentence thereof: “"Notwithstanding anything in this Agreement to the contrary in this Agreementcontrary, a Separation no Distribution Date shall not occur or be deemed to have occurred solely as a result of the approval, executionexecution or delivery of, delivery or performance of the Merger Agreement or the the commencement or consummation of the Offer (as defined in the Merger Agreement)transactions contemplated under, the Merger (as defined and Contribution Agreement in the Merger Agreement) or manner provided for therein, including without limitation, the other transactions contemplated in the Merger AgreementMerger.”"

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby supplemented and amended to include by inserting the following sentence immediately following after the last sentence thereof: “"Notwithstanding anything in this Agreement to the contrary in this Agreementcontrary, a Separation Distribution Date shall not occur or be deemed to have occurred solely as a the result of the public announcement, approval, execution, delivery or performance of the Merger Agreement or the the commencement or consummation of the Offer (as defined in the Merger Agreement), the Merger (as defined in the Merger Agreement) or the any other transactions contemplated in the Merger Agreementthereby.”"

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby supplemented and amended to include by inserting the following sentence immediately following after the last first sentence thereof: “Notwithstanding anything in this Agreement to the contrary in this Agreementcontrary, a Separation Distribution Date shall not occur or be deemed to have occurred as a result of the public announcement, approval, execution, delivery or performance of (i) the Merger Agreement or the Voting Agreement, (ii) the commencement or consummation of the Offer Merger or (as defined in the Merger Agreement), the Merger (as defined in the Merger Agreementiii) or any of the other transactions contemplated in by the Merger Agreement.”