Amendments with Consent of Holders. With the consent of the Holders of not less than a majority of the Outstanding CVRs as required to amend the Agreement in accordance with the Trust Indenture Act, by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, and the Trustee may enter into one or more amendments hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or of modifying in any manner the rights of the Holders under this Agreement; provided that no such amendment shall, without the consent of the Holder of each Outstanding CVR affected thereby:
Appears in 6 contracts
Samples: Contingent Value Rights Agreement, Contingent Value Rights Agreement (Virologic Inc), Contingent Value Rights Agreement (Aclara Biosciences Inc)
Amendments with Consent of Holders. With the consent of the Majority Holders of not less than (including any consent obtained in connection with a majority of tender offer or exchange for, or purchase of, the Outstanding CVRs as required to amend the Agreement in accordance with the Trust Indenture ActCVRs), by Act of said Holders delivered to the Company and the Trustee, the Company, Company (when authorized by a Board Resolution, Resolution or the chief executive officer of the Company) and the Trustee may enter into one or more amendments hereto or to the Securities for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this CVR Agreement or to the Securities or of modifying in any manner the rights of the Holders under this AgreementCVR Agreement or to the Securities; provided provided, however, that no such amendment shall, without the consent of the Holder of each Outstanding CVR Security affected thereby:
Appears in 3 contracts
Samples: Contingent Value Rights Agreement (Akorn Inc), Contingent Value Rights Agreement (Akorn Inc), Contingent Value Rights Agreement (Akorn Inc)
Amendments with Consent of Holders. With the consent of the Holders of not less than a majority of the Outstanding CVRs as required to amend the Agreement in accordance with the Trust Indenture ActMajority Holders, by Act of said Holders delivered to the Company Parent and the TrusteeTrustee (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the CompanyCVRs), Parent (when authorized by a Board Resolution, ) and the Trustee may enter into one or more amendments hereto or to the CVRs for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this CVR Agreement or to the CVRs or of modifying in any manner the rights of the Holders under this AgreementCVR Agreement or to the CVRs; provided provided, however, that no such amendment shall, without the consent of the Holder of each Outstanding CVR affected thereby:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Grail, LLC), Agreement and Plan of Merger (Grail, LLC)
Amendments with Consent of Holders. With the consent of the Holders of not less than a majority of the Outstanding CVRs as required to amend the Agreement in accordance with the Trust Indenture ActMajority Holders, by Act of said Holders delivered to the Company and the TrusteeRights Agent (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the CompanyCVRs), the Company (when authorized by a Board Resolution, ) and the Trustee Rights Agent may enter into one or more amendments hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this CVR Agreement or of modifying in any manner the rights of the Holders under this CVR Agreement; provided provided, however, that no such amendment shall, without the consent of the Holder of each Outstanding CVR affected thereby:
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Sirius International Insurance Group, Ltd.), Contingent Value Rights Agreement (Third Point Reinsurance Ltd.)
Amendments with Consent of Holders. With the consent of the Holders of not less than at least a majority of the Outstanding CVRs as required to amend the Agreement in accordance with the Trust Indenture ActCVRs, by Act of said Holders delivered to the Company and the TrusteeTrustee (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the CompanySecurities), when authorized by a Board Resolution, the Company and the Trustee may enter into one or more amendments hereto or to the Securities for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this CVR Agreement or to the Securities or of modifying in any manner the rights of the Holders under this AgreementCVR Agreement or to the Securities; provided provided, however, that no such amendment shall, without the consent of the Holder of each Outstanding CVR Security affected thereby:
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Alliancebernstein L.P.)
Amendments with Consent of Holders. With the consent of the Holders of not less than a majority of the Outstanding CVRs as required to amend the this Agreement in accordance with the Trust Indenture Act, by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, and the Trustee may enter into one or more amendments hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or of modifying in any manner the rights of the Holders under this Agreement; provided that no such amendment shall, without the consent of the Holder of each Outstanding CVR affected thereby:
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Atkins Nutritionals Holdings, Inc.)
Amendments with Consent of Holders. With the consent of the Holders of not less than a majority of the Outstanding CVRs as required to amend the Agreement in accordance with the Trust Indenture ActMajority Holders, by Act of said Holders delivered to the Company Parent, Holder Representative and the TrusteeTrustee (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the CompanyCVRs), Parent (when authorized by a Board Resolution, ) and the Trustee may enter into one or more amendments hereto or to the CVRs for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this CVR Agreement or to the CVRs or of modifying in any manner the rights of the Holders under this Agreement; provided CVR Agreement or to the CVRs; provided, however, that no such amendment shall, without the consent of the Holder of each Outstanding CVR affected thereby:
Appears in 1 contract
Amendments with Consent of Holders. With the consent of the Holders of not less than a majority of the Outstanding CVRs as required to amend the Agreement in accordance with the Trust Indenture ActMajority Holders, by Act of said Holders delivered to the Company Parent and the TrusteeTrustee (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the CompanyCVRs), Parent (when authorized by a Board Resolution, ) and the Trustee may enter into one or more amendments hereto or to the CVRs for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this CVR Agreement or to the CVRs or of modifying in any manner the rights of the Holders under this Agreement; provided CVR Agreement or to the CVRs; provided, however, that no such amendment shall, without the consent of the Holder of each Outstanding CVR affected thereby:
Appears in 1 contract
Amendments with Consent of Holders. With the consent of the Holders of not less than a majority 66 2/3% of the Outstanding CVRs as required to amend the Agreement in accordance with the Trust Indenture Actoutstanding CVRs, by Act of said Holders delivered to the Company and the Trustee, the Company, when authorized by a Board Resolution, the Trustee and the Trustee Representative may enter into one or more amendments hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or of modifying in any manner the rights of the Holders under this Agreement; provided provided, however, that no such amendment shall, without the consent of the Holder of each Outstanding CVR affected thereby:
Appears in 1 contract
Samples: Rights Agreement (PMR Corp)