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 by inserting the following sentence immediately after the last sentence thereof: “Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely by reason of the approval, execution or delivery of, or consummation of the transactions contemplated by, the Merger Agreement, as the Merger Agreement may be amended from time to time in accordance with its terms, and the Voting Agreements, as the Voting Agreements may be amended from time to time in accordance with their terms.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended by inserting the following sentence immediately after the last sentence thereof: “Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely by reason of the approval, execution or delivery of, or consummation of the transactions contemplated by, by the Merger Agreement, as the Merger Agreement may be amended from time to time in accordance with its terms, and the Voting Agreements, as the Voting Agreements may be amended from time to time in accordance with their terms.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended by inserting the following sentence immediately after at the last sentence end thereof: “Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely by reason as a result of (i) the approval, execution or and delivery of, or consummation of the transactions contemplated by, the Merger Agreement, as (ii) the Merger Agreement may be amended from time to time in accordance with its termsconsummation of the Merger, (iii) the execution and delivery of the Voting Agreements, as and (iv) the exercise by the parties thereto of their respective rights under the Voting Agreements may be amended from time to time in accordance with their termsAgreements.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended by inserting the following sentence immediately after at the last sentence thereof: end of Section 3(a): “Notwithstanding anything the foregoing or any provision to the contrary in this Agreement to the contraryAgreement, a Distribution Date shall not be deemed to have occurred solely occur by reason virtue of the approval, delivery or execution of the Merger Agreement or delivery ofthe Voting Agreement, or the consummation of the transactions contemplated by, Merger (as defined in the Merger Agreement), as or any other action or transaction contemplated by or effected in connection with the Merger Agreement may be amended from time to time in accordance with its terms, and or the Voting Agreements, as the Voting Agreements may be amended from time to time in accordance with their termsAgreement.”