Amendment to Section 5.5 of the Merger Agreement Sample Clauses

Amendment to Section 5.5 of the Merger Agreement. Section 5.5 of the Merger Agreement is hereby amended by adding the following new Sections 5.5(c), (d) and (e): (c) Condition to Further Issuances of Parent Common Stock. The Parent shall not issue, in connection with the Merger, an aggregate number of shares of its common stock equal to or in excess of 20% of the number of shares of Parent Common Stock then outstanding on the Closing Date, unless and until Parent has obtained any necessary stockholder approval for such issuances pursuant to Nasdaq Marketplace Rule 4350(i)(1)(C).
Sample 1
AutoNDA by SimpleDocs

Related to Amendment to Section 5.5 of the Merger Agreement

  • Amendment to Section 12 19. Section 12.19 is hereby amended and restated in its entirety to read as follows:

  • Amendment to Section 4 07. Section 4.07 of the Indenture is hereby amended and restated in its entirety to read as follows:

  • Amendment to Section 1.01 Section 1.01 of the Credit Agreement shall be amended as follows: (a) The following definitions shall be added to Section 1.01 of the Credit Agreement in the appropriate alphabetical order:

  • Amendment to Section 7 02. Section 7.02(c) of the Credit Agreement is amended and restated to read in its entirety as follows:

  • Amendment to Section 1.1 Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in the appropriate alphabetical order therein:

  • Amendment to Section 10 1. Section 10.1 of the Credit Agreement is hereby amended and restated to read in its entirety as follows:

  • Amendment to Section 6 1. Section 6.1 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendment to Section 2 1(a). Section 2.1(a) of the Existing Credit Agreement is amended to read in its entirety as follows:

  • Amendment to Section 8 22. Section 8.22 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendment to Section 13 Section 13 of the Rights Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of the Tender and Support Agreement, (iii) the consummation of the Offer, (iv) the consummation of the Merger, and (v) the consummation of the other transactions contemplated in the Merger Agreement shall not be deemed to be a Section 13 Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 13.”

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!