Amendment to the Merger Agreement. Subject to the provisions of Section 9 hereof, in the event that the Company and Parent enter into an amendment to the Merger Agreement, each Shareholder covenants and agrees with Parent to enter into an amendment to this Agreement that will reflect, to the extent appropriate, the terms of such amended Merger Agreement.
Amendment to the Merger Agreement. The parties agree that Section 5.13 of the Merger Agreement is hereby amended and restated in its entirety as follows:
Amendment to the Merger Agreement. Section 6 of the Merger Agreement is hereby amended to read in its entirety as follows:
Amendment to the Merger Agreement. (a) The text of Section 2.2(d)(i) of the Merger Agreement is hereby amended and restated as follows:
Amendment to the Merger Agreement. (i) Section 1.2 (Closing) of the Merger Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to the Merger Agreement. (a) Section 4.4 of the Merger Agreement is hereby deleted and replaced with the following: “The affirmative vote of a majority of the votes cast by the holders of shares of Menlo Common Stock at the Menlo Stockholders’ Meeting (the “Menlo Stockholder Approval”), is the only vote of the holders of any class or series of Menlo’s capital stock necessary to approve the Share Issuance and the other transactions contemplated by this Agreement.”
Amendment to the Merger Agreement. The Parties hereby agree to amend the Merger Agreement as follows:
(a) Section 1.4 of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following:
Amendment to the Merger Agreement. The parties agree that the definition of “Parent Net Cash” in Exhibit A (Certain Definitions) of the Merger Agreement is hereby amended and restated in its entirety as follows:
Amendment to the Merger Agreement. (a) Section 8.01(b) of the Merger Agreement is hereby amended by replacing “June 25, 2021” with “July 9, 2021”.
(b) Section 2 of Schedule A of the Merger Agreement is hereby amended by adding the following definition after the definition of “Lock Box Period”:
Amendment to the Merger Agreement. The parties agree that Exhibit A (Certain Definitions) of the Merger Agreement is hereby amended to add a new defined term and definition as follows:
