Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 61 contracts
Samples: Agreement and Plan of Merger (Inhibrx, Inc.), Contingent Value Rights Agreement (Ipsen, S.A.), Merger Agreement (Albireo Pharma, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VSection 5, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 51 contracts
Samples: Contingent Value Right Agreement (Lumos Pharma, Inc.), Contingent Value Right Agreement (Lumos Pharma, Inc.), Contingent Value Rights Agreement (Gamida Cell Ltd.)
Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby.
Appears in 48 contracts
Samples: Contingent Value Rights Agreement (Gen Digital Inc.), Contingent Value Rights Agreement (Moneylion Inc.), Contingent Value Rights Agreement (Ani Pharmaceuticals Inc)
Effect of Amendments. Upon the execution of any amendment under this Article VIV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 13 contracts
Samples: Contingent Value Rights Agreement (Yumanity Therapeutics, Inc.), Contingent Value Rights Agreement (Proteostasis Therapeutics, Inc.), Contingent Value Rights Agreement (Qualigen Therapeutics, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 11 contracts
Samples: Contingent Value Rights Agreement, Contingent Value Rights Agreement (Arthrocare Corp), Contingent Value Rights Agreement (Information Resources Inc)
Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and the Stockholders’ Representative and every Holder shall be bound thereby.
Appears in 10 contracts
Samples: Contingent Value Rights Agreement, Contingent Value Rights Agreement, Contingent Value Rights Agreement (Metabasis Therapeutics Inc)
Effect of Amendments. Upon the execution of any amendment to this Agreement under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 6 contracts
Samples: Contingent Value Rights Agreement (Kalera Public LTD Co), Agreement and Plan of Merger (Progenics Pharmaceuticals Inc), Contingent Value Rights Agreement (Lantheus Holdings, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of Certificates theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 6 contracts
Samples: Trust Agreement (Point West Capital Corp), Trust and Security Agreement (Granite Financial Inc), Trust and Security Agreement (Granite Financial Inc)
Effect of Amendments. Upon the execution of any amendment permitted under this Article ARTICLE V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder each Holder, Ultimate Parent, the Company, the Shareholder Representative and the Rights Agent shall be bound thereby.
Appears in 5 contracts
Samples: Contingent Value Rights Agreement, Contingent Value Rights Agreement (Safeway Stores 42, Inc.), Contingent Value Rights Agreement (Albertsons Companies, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder Person hereto shall be bound thereby.
Appears in 5 contracts
Samples: Contingent Value Rights Agreement (Information Resources Inc), Net Operating Loss Agreement (CF Industries Holdings, Inc.), Net Operating Loss Agreement (CF Industries Holdings, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VVI, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 5 contracts
Samples: Contingent Value Rights Agreement, Contingent Value Rights Agreement (Nexstar Media Group, Inc.), Merger Agreement (Nexstar Broadcasting Group Inc)
Effect of Amendments. Upon the execution of any amendment under this Article ARTICLE V, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby.
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (Cerecor Inc.), Merger Agreement (Aevi Genomic Medicine, Inc.), Contingent Value Rights Agreement (Cerecor Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of CVRs theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (PMR Corp), Contingent Value Rights Agreement (Markel Corp), Contingent Value Rights Agreement (Markel Holdings Inc)
Effect of Amendments. Upon the execution of any amendment permitted under this Article VARTICLE IV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder each Holder, Parent and the Rights Agent shall be bound thereby.
Appears in 3 contracts
Samples: Contingent Value Rights Agreement (Steel Connect, Inc.), Contingent Value Rights Agreement (Steel Connect, Inc.), Contingent Value Rights Agreement (Steel Partners Holdings L.P.)
Effect of Amendments. Upon the execution of any amendment under in compliance with this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 3 contracts
Samples: Contingent Value Rights Agreement (Palvella Therapeutics, Inc.), Contingent Value Rights Agreement (Pieris Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Pieris Pharmaceuticals, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VVII, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 3 contracts
Samples: Contingent Value Rights Agreement (Leap Wireless International Inc), Merger Agreement (Leap Wireless International Inc), Contingent Value Rights Agreement (At&t Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VARTICLE IV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 3 contracts
Samples: Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc)
Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby. In the event this Agreement is modified in accordance with this Article V, the Rights Agent will, to the extent practicable, deliver to the Holders a notice of such amendment.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Aytu Bioscience, Inc), Contingent Value Rights Agreement (Aytu Bioscience, Inc), Merger Agreement (Innovus Pharmaceuticals, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VIV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and NeoPharm, Insys and every Holder shall be bound thereby.
Appears in 3 contracts
Samples: Merger Agreement, Merger Agreement, Merger Agreement (Insys Therapeutics, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of VCRs theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 2 contracts
Samples: Variable Common Rights Agreement (Metrocall Inc), Variable Common Rights Agreement (Metrocall Inc)
Effect of Amendments. Upon the execution of any amendment under this Article VVII, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and the Holders’ Representative and to the extent valid and binding under applicable law every Holder shall be bound thereby.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Wize Pharma, Inc.), Contingent Value Rights Agreement (Wize Pharma, Inc.)
Effect of Amendments. Upon the execution of any amendment permitted under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder each Holder, Ultimate Parent, the Company, the Shareholder Representative and the Rights Agent shall be bound thereby.
Appears in 2 contracts
Samples: Amendment No. 2 to Agreement and Plan of Merger (Safeway Inc), Merger Agreement (Safeway Inc)
Effect of Amendments. Upon the execution of any amendment permitted under this Article VARTICLE IV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder the Holders and the Company shall be bound thereby.. ARTICLE V
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Keane Group, Inc.), Contingent Value Rights Agreement
Effect of Amendments. Upon the execution of any amendment permitted under this Article ARTICLE V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder each Holder, Parent, the Company, the Shareholder Representative and the Rights Agent shall be bound thereby.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Steel Partners Holdings L.P.), Contingent Value Rights Agreement (Steel Connect, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VVIII, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound therebypurposes.
Appears in 2 contracts
Samples: Pledge Agreement (Lazard Group Finance LLC), Pledge Agreement (Lazard LTD)
Effect of Amendments. Upon the execution of any amendment under this Article VVI, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes and every Holder party hereto shall be bound thereby.
Appears in 2 contracts
Samples: Contingent Payment Rights Purchase Agreement (Delta Petroleum Corp/Co), Contingent Payment Rights Purchase Agreement (Tracinda Corp)
Effect of Amendments. Upon the execution of any amendment amending agreement under this Article VArticle, this Agreement shall Guarantee will be modified in accordance therewith, and such amendment shall will form a part of this Agreement Guarantee for all purposes and every Holder shall be bound therebypurposes.
Appears in 2 contracts
Samples: Subordinated Guarantee (Brookfield Property Partners L.P.), Subordinated Guarantee (BPY Bermuda Holdings IV LTD)
Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.. 9
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (EPIX Pharmaceuticals, Inc.), Contingent Value Rights Agreement (EPIX Pharmaceuticals, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VXIV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Actavis PLC), Agreement and Plan of Merger (Durata Therapeutics, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article V7, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby.
Appears in 2 contracts
Samples: Arrangement Agreement (Interoil Corp), Arrangement Agreement (Interoil Corp)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of Securities theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 1 contract
Samples: Guarantee and Exchange Agreement (America West Holdings Corp)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of CVIs theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 1 contract
Samples: Contingent Value Interests Agreement (KKR & Co. L.P.)
Effect of Amendments. Upon the execution of any amendment under by Parent and the Rights Agent in compliance with this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 1 contract
Effect of Amendments. Upon the execution of any amendment under this Article V3, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc)
Effect of Amendments. Upon the execution of any amendment under this Article VARTICLE VII, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and the Holders’ Representative and to the extent valid and binding under applicable law every Holder shall be bound thereby.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Bioblast Pharma Ltd.)
Effect of Amendments. Upon the execution of any amendment under this Article VIV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 1 contract
Effect of Amendments. Upon the execution of any amendment under this Article VSection, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.shall
Appears in 1 contract
Samples: Collateral Agreement
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of PRs theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 1 contract
Effect of Amendments. Upon the execution of any amendment permitted under this Article VARTICLE IV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder the Holders and the Company shall be bound thereby.
Appears in 1 contract
Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every CVR Holder shall be bound thereby.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Technest Holdings Inc)
Effect of Amendments. Upon the execution of any amendment under this Article ARTICLE V, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby.. ARTICLE VI
Appears in 1 contract
Effect of Amendments. Upon the execution of any amendment under this Article VARTICLE III, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Core Scientific, Inc./Tx)
Effect of Amendments. Upon the execution of any amendment under this Article VIX, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder theretofore or thereafter authenticated, executed on behalf of the Holders and delivered under the SQUARZ Agreement shall be bound thereby.
Appears in 1 contract
Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.. ARTICLE VI
Appears in 1 contract
Samples: Contingent Payment Rights Agreement
