Right to Terminate Following Termination Event. Sections 6(b)(ii)-(iv) are deleted in their entirety and replaced by the following:
Right to Terminate Following Termination Event. Section 6(b)(ii) of this Agreement is amended by deleting the words “or if a Tax Event Upon Merger occurs and the Burdened Party is the Affected Party”.
Right to Terminate Following Termination Event. Section 6(b) of this Agreement is hereby amended by inserting the following before the period at the end of the last sentence of the existing text: “; provided, however, that any election by Party A to designate an Early Termination Date arising in respect of a Change in Tax Law shall not be effective if, within 30 days following Party B’s receipt of notice from Party A of Party A’s designation of an Early Termination Date in respect of any event described in Section 5(b)(ii) of this Agreement, Party B notifies Party A that it waives its right to receive additional amounts from Party A under Section 2(d)(i)(4) of this Agreement that would not otherwise be payable but for such Change in Tax Law”.
Right to Terminate Following Termination Event aejs A0108104220v5 205789996 1.06.2007 Page 8
Right to Terminate Following Termination Event. (i) Notice If a Termination Event occurs, an Affected Party will, promptly upon becoming aware of it, notify the other party, specifying the nature of that Termination Event and each Affected Transaction and will also give such other information about that Termination Event as the other party may reasonably require.
Right to Terminate Following Termination Event. (i) Transfer to Avoid Termination Event. Section 6(b)(ii) of this Agreement will not apply to Party A and will apply to Party B.
Right to Terminate Following Termination Event
