Definition of Acquiring Person Sample Clauses

Definition of Acquiring Person. The definition ofAcquiring Person” set forth in Section 1(a) of the Rights Agreement, as amended, is hereby further amended in its sub-section (ii) to read as follows:
Definition of Acquiring Person. Section 1(a) of the Prior Agreement is hereby amended to add the following text at the end thereof:
Definition of Acquiring Person. Section 1(a) of the Original Rights Agreement is hereby amended by deleting all references therein to “20%” and replacing them with “25%.”
Definition of Acquiring Person. The definition of Acquiring Person appearing in Section 1(a) of the Rights Agreement is hereby amended by (A) deleting the word "or" appearing immediately before clause (vii) thereof; (B) deleting the period appearing at the end of clause (vii) thereof and inserting a semicolon and the word "or" in lieu thereof and (C) inserting the following new clause (viii) immediately after the end of clause (vii) thereof:
Definition of Acquiring Person. Section 1(a) of the Rights Agreement is hereby amended to read in its entirety as follows:
Definition of Acquiring Person. The definition ofAcquiring Person” as set forth in Section 1(a) of the Agreement is hereby further amended by adding the following to the end thereof: “Notwithstanding anything herein to the contrary, none of the purchasers who acquire securities of the Company pursuant to that certain Securities Purchase Agreement by and between the Company and the purchasers identified on the signature pages thereto, dated as of April 10, 2013 (the “Preferred Stock Purchase Agreement”) shall be deemed to be an Acquiring Person solely by virtue of the transactions contemplated by the Preferred Stock Purchase Agreement.”
Definition of Acquiring Person. The definition of the termAcquiring Personcontained in Section 1(a) of the Agreement is hereby amended and restated in its entirety by the following:
Definition of Acquiring Person. Section 1(a) of the Rights Agreement is hereby amended to add the following sentence at the end of Section 1(a): Notwithstanding anything to the contrary contained in this Agreement, the term "Acquiring Person" shall not include Mercury Acquisition Corporation, a Delaware corporation ("Mercury"), or any of its Affiliates or Associates in the event that Mercury and its Affiliates or Associates become the Beneficial Owner of shares of the Voting Stock pursuant to the transactions contemplated by that certain Agreement and Plan of Merger, dated January 20, 1998 (the "Merger Agreement"), between the Company and Mercury, as the same may be amended, supplemented or otherwise modified from time to time.
Definition of Acquiring Person. The provisions of Section 1(a) of the Rights Agreement, whereby there is established a definition for an "Acquiring Person" within the meaning of the Rights Agreement, and all references to an Acquiring Person otherwise contained in the Rights Agreement, are hereby amended to provide that an Acquiring Person shall be defined as follows:
Definition of Acquiring Person. The definition of Acquiring Person is amended and restated in its entirety to read as follows: