Amendment to Section 4.7. Section 4.7 of the Rights Agreement is hereby amended and restated in its entirety with as follows:
Amendment to Section 4.7. Section 4.7 of the Credit Agreement is hereby amended by deleting the first sentence of such Section.
Amendment to Section 4.7. Section 4.7 of the Purchase Agreement is hereby eliminated in its entirety and, notwithstanding anything to the contrary in this Amendment, the Purchase Agreement, the Ancillary Agreements or any other agreements between Purchaser and Seller, Seller acknowledges and agrees that (i) Purchaser has no express or implied obligation whatsoever to meet or attempt to meet the Third Milestone, and (ii) Purchaser may, in its sole and absolute discretion, elect to pursue other opportunities or businesses and abandon or terminate any activities that may help meet the Third Milestone (in whole or in part) at any time or decline any one or more opportunities related to meeting the Third Milestone, in each case for any reason or for no reason and without any liability or responsibility to Seller.
Amendment to Section 4.7. Section 4.7 of the Credit Agreement is hereby amended as follows:
Amendment to Section 4.7. Section 4.7 of the Member Agreement is hereby amended by deleting the words “so long as the Lenders shall have any Commitments outstanding under the Credit Agreement and” appearing therein.
Amendment to Section 4.7. Section 4.7 of the Merger Agreement is hereby amended by deleting Section 4.7 thereof in its entirety and substituting “[Intentionally Omitted]” therefor.
Amendment to Section 4.7. Section 4.7 of the APA is hereby amended so that the word “have” shall replace the word “has” in the eighth line thereof.
