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 at the end thereof: “Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred as the result of (i) the consummation of the Merger, (ii) the execution or delivery of the Merger Agreement or (iii) the consummation of the other transactions contemplated in the Merger Agreement.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is 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, a Distribution Date shall not be deemed to have occurred as a result of the result public announcement, approval, execution, delivery or performance of (i) the consummation of Merger Agreement or the MergerVoting Agreement, (ii) the execution or delivery consummation of the Merger Agreement or (iii) the consummation any of the other transactions contemplated in by the Merger Agreement.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to add and supplemented by adding the following sentence at as the end thereoffinal sentence of such section: “Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not occur or be deemed to have occurred occur in connection with or as the a result of (i) the public announcement, public disclosure, approval, amendment, execution, delivery, adoption or performance of the Merger Agreement, a Voting Agreement or the consummation of the Merger, (ii) the execution First Merger or delivery of the Merger Agreement or (iii) the consummation of 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 add by inserting the following sentence at immediately after the end last sentence thereof: “"Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as the result of (i) the consummation of the Mergerpublic announcement, (ii) the execution approval, execution, delivery or delivery performance of the Merger Agreement or (iii) the consummation of the Merger or any other transactions contemplated in the Merger Agreementthereby.”"

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to add by inserting the following sentence at immediately after the end last sentence thereof: “"Notwithstanding anything in this Agreement to the contrary, a no Distribution Date shall not be deemed to have occurred solely as the a result of (i) the approval, execution or delivery of, or consummation of the Mergertransactions contemplated under, (ii) the execution or delivery of the Merger and Contribution Agreement or (iii) the consummation of the other transactions contemplated in the Merger Agreementmanner provided for therein, including without limitation, the Merger.”"

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended to add include the following sentence at immediately following the end last sentence thereof: “Notwithstanding anything to the contrary in this Agreement to the contraryAgreement, a Distribution Separation Date shall not occur or be deemed to have occurred as the a result of (i) the consummation of the Mergerapproval, (ii) the execution execution, delivery or delivery 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 add include the following sentence at immediately following the end last sentence thereof: “Notwithstanding anything to the contrary in this Agreement to the contraryAgreement, a Distribution Separation Date shall not occur or be deemed to have occurred as the a result of (i) the consummation of the Mergerapproval, (ii) the execution execution, delivery or delivery 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.”