Common use of Appropriate Action; Consents; Filings Clause in Contracts

Appropriate Action; Consents; Filings. (a) Schedule 6.3(a) of the Xxxxx Disclosure Schedule is hereby amended and restated to read in its entirety as set forth on Schedule 6.3(a) delivered herewith. (b) The last sentence of Section 6.3(a) of the Merger Agreement is hereby amended and restated to read in its entirety as follows: “New Holdco, Mercury and Xxxxx agree that the foregoing shall require the parties to effect the Regulatory Divestitures contemplated by Section 6.3(a) of the Xxxxx Disclosure Schedule (as amended).” (c) Clause (i) of the first sentence of Section 6.3(d) is hereby amended and restated to read in its entirety as follows: (i) require, or be construed to require, New Holdco, Mercury, Xxxxx or any of their Subsidiaries to take, or agree to take, any Regulatory Action other than the Regulatory Divestitures contemplated by Schedule 6.3(a) of the Xxxxx Disclosure Schedule (as amended)” (d) Section 6.3(e) of the Merger Agreement is hereby amended and restated to read as follows: “[Reserved]”

Appropriate Action; Consents; Filings. (a) Schedule 6.3(a) of the Xxxxx Lxxxx Disclosure Schedule is hereby amended and restated to read in its entirety as set forth on Schedule 6.3(a) delivered herewith. (b) The last sentence of Section 6.3(a) of the Merger Agreement is hereby amended and restated to read in its entirety as follows: “"New Holdco, Mercury and Xxxxx Lxxxx agree that the foregoing shall require the parties to effect the Regulatory Divestitures contemplated by Section 6.3(a) of the Xxxxx Lxxxx Disclosure Schedule (as amended).”" (c) Clause (i) of the first sentence of Section 6.3(d) is hereby amended and restated to read in its entirety as follows: (i) require, or be construed to require, New Holdco, Mercury, Xxxxx Lxxxx or any of their Subsidiaries to take, or agree to take, any Regulatory Action other than the Regulatory Divestitures contemplated by Schedule 6.3(a) of the Xxxxx Lxxxx Disclosure Schedule (as amended)” (d) Section 6.3(e) of the Merger Agreement is hereby amended and restated to read as follows: “[Reserved]”

Appropriate Action; Consents; Filings. (a) Schedule 6.3(a) of the Xxxxx Disclosure Schedule is hereby amended and restated to read in its entirety as set forth on Schedule 6.3(a) delivered herewith. (b) The last sentence of Section 6.3(a) of the Merger Agreement is hereby amended and restated to read in its entirety as follows: “New Holdco, Mercury and Xxxxx agree that the foregoing shall require the parties to effect the Regulatory Divestitures contemplated by Section 6.3(a) of the Xxxxx Disclosure Schedule (as amended).” (c) Clause (i) of the first sentence of Section 6.3(d) is hereby amended and restated to read in its entirety as follows: : “(i) require, or be construed to require, New Holdco, Mercury, Xxxxx or any of their Subsidiaries to take, or agree to take, any Regulatory Action other than the Regulatory Divestitures contemplated by Schedule 6.3(a) of the Xxxxx Disclosure Schedule (as amended)” (d) Section 6.3(e) of the Merger Agreement is hereby amended and restated to read as follows: “[Reserved]”