Supplement and Amendments. Subject to Section 2.1(b), the Company shall promptly supplement and amend the Shelf Registration Statement and the prospectus included therein if required by the rules, regulations or instructions applicable to the registration form used for such Shelf Registration Statement or by the Securities Act.
Supplement and Amendments. The Company, by action of its Board of Directors, and the Rights Agent may from time to time supplement or amend this Agreement without the approval of any holders of Rights in order to cure any ambiguity, to correct or supplement any provision contained in this Agreement that may be defective or inconsistent with any other provisions in this Agreement, or to make any other provisions in regard to matters or questions arising under this Agreement that the Company and Rights Agent may deem necessary or desirable and that will be consistent with, and for the purpose of fulfilling, the objectives of the Board of Directors in adopting this Agreement; provided, however, that following the Distribution Date, this Agreement shall not be amended in any manner that would adversely affect the basic economic terms of the Rights; provided, further, that, once the Rights are no longer redeemable in accordance with SECTION 23 of this Agreement, no amendment to this Agreement may have the effect of making the Rights redeemable.
Supplement and Amendments. Prior to the Distribution Date and subject to the penultimate sentence of this SECTION 26, the Company and the Rights Agent will, if the Company so directs, supplement or amend any provision of this Agreement without the approval of any holders of certificates representing shares of Common Stock. From and after the Distribution Date and subject to the penultimate sentence of this SECTION 26, the Company and the Rights Agent will, if the Company so directs, supplement or amend this Agreement without the approval of any holders of Rights Certificates in order (i) to cure any ambiguity, (ii) to correct or supplement any provision contained in this Agreement that may be defective or inconsistent with any other provision in this Agreement, (iii) to shorten or lengthen any time period under this Agreement (which lengthening or shortening, following the first occurrence of an event set forth in CLAUSES (i) and (ii) of the first proviso to SECTION 23(a), will be effective only if there are at least two Continuing Directors and will require the concurrence of a Requisite Majority), or (iv) to change or supplement the provisions under this Agreement in any manner that the Company may deem necessary or desirable and that will not adversely affect the interests of the holders of Rights Certificates (other than an Acquiring Person or an Adverse Person or an Affiliate or Associate of an Acquiring Person or an Adverse Person); provided, however, this Agreement may not be supplemented or amended to lengthen, pursuant to CLAUSE (iii) of this sentence, (A) a time period relating to when the Rights may be redeemed at such time as the Rights are not then redeemable, or (B) any other time period unless such lengthening is for the purpose of protecting, enhancing, or clarifying the rights of, or the benefits to, the holders of Rights. Upon the delivery of a certificate from an appropriate officer of the Company that states that the proposed supplement or amendment is in compliance with the terms of this SECTION 26, the Rights Agent will execute such supplement or amendment. Notwithstanding anything contained in this Agreement to the contrary after the occurrence of a Distribution Date, no supplement or amendment will be made that changes the Redemption Price, the Final Expiration Date, the Purchase Price or the number of one one-thousandths of a share of Preferred Stock for which a Right is exercisable. Prior to the Distribution Date, the interests of the holders of Rights will...
Supplement and Amendments. 32 Section 28. Successors . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplement and Amendments. The Company, by action of its Board of Directors, and the Rights Agent may from time to time supplement or amend this Agreement without the approval of any holders of Rights in order to cure any ambiguity, to correct or supplement any provision contained in this Agreement that may be defective or inconsistent with any other provisions in this Agreement, or to make any other provisions in regard to matters or questions arising under this Agreement that the Company and Rights Agent may deem necessary or desirable and that will be consistent with, and for the purpose of fulfilling, the objectives of the Board of Directors in adopting this Agreement; provided, however, that following the Stock Acquisition Date, this Agreement shall not be amended in any manner that would adversely affect the basic economic terms of the Rights; provided, further, that, once the Rights are no longer redeemable in accordance with SECTION 23 of this Agreement, no amendment to this Agreement may have the effect of making the Rights redeemable. Notwithstanding anything in this Agreement to the contrary, no supplement or amendment that changes the rights and duties of the Rights Agent under this Agreement will be effective against the Rights Agent without the execution of such supplement or amendment by the Rights Agent.
Supplement and Amendments. The Company, by action of its Board of Directors, and the Rights Agent may from time to time supplement or amend this Agreement without the approval of any holders of Rights in order to cure any ambiguity, to correct or supplement any provision contained in this Agreement that may be defective or inconsistent with any other provisions in this Agreement, or to make any other provisions in regard to matters or questions arising under this Agreement that the Company and Rights Agent may deem necessary or desirable and that will be consistent with, and for the purpose of fulfilling, the objectives of the Board of Directors in adopting this Agreement; provided, however, that following the Distribution Date, this Agreement may only be amended to shorten or lengthen any time period or in a manner that would not adversely affect the basic economic terms of the Rights; provided further, that, once the Rights are no longer redeemable in accordance with SECTION 23 of this Agreement, no amendment to this Agreement may have the effect of making the Rights redeemable.
Supplement and Amendments. For so long as the Rights are redeemable, the Company may, and the Rights Agent will, if the Company so directs, supplement or amend any provision of this Agreement in any respect without the approval of any holders of certificates representing shares of Common Stock, except that no amendment or supplement will alter or change the duties, rights, obligations, or liabilities of the Rights Agent. At any time when the Rights are no longer redeemable, the Company may, and the Rights Agent will if the Company so directs, supplement or amend this Agreement without the approval of any holders of Rights, except that no such supplement or amendment may (a) adversely affect the interests of the holders of Rights as such (other than an Acquiring Person or an Adverse Person or an Affiliate or Associate of an Acquiring Person or Adverse Person), (b) cause this Agreement again to become amendable other than in accordance with this sentence, or (c) cause the Rights again to become redeemable and, except that no amendment or supplement will alter or change the duties, rights, obligations, or liabilities of the Rights Agent. Upon the delivery of a certificate from an appropriate officer of the Company which states that the proposed supplement or amendment is in compliance with the terms of this Section, the Rights Agent will execute such supplement or amendment.
Supplement and Amendments. 24 SECTION 25. Successors...................................................................................................25 SECTION 26. Termination..................................................................................................25 SECTION 27.
Supplement and Amendments. The Company and the Warrant Agent may from time to time supplement or amend this Agreement without the approval of any Holders in order to cure any ambiguity or to correct or supplement any provision contained herein which may be defective or inconsistent with any other provision herein, or to make any other provisions in regard to matters or questions arising hereunder which the Company and the Warrant Agent may deem necessary or desirable and which shall not in any way adversely affect the interests of the Holders. Any amendment or supplement to this Agreement that has a material adverse effect on the interests of the Holders shall require the written consent of the Holders representing a majority of the then outstanding Warrants. The consent of each Holder affected shall be required for any amendment pursuant to which the Exercise Price would be increased or the number of Warrant Shares purchasable upon exercise of the Warrants would be decreased (other than pursuant to adjustments provided for in Section 13 hereof). The Warrant Agent shall be entitled to receive and, subject to Section 18, shall be fully protected in relying upon, an officers' certificate and opinion of counsel as conclusive evidence that any such amendment or supplement is authorized or permitted hereunder, that it is not inconsistent herewith, and that it will be valid and binding upon the Company in accordance with its terms.
Supplement and Amendments. The Parties agree that all the terms and conditions of the Agreement, including the definitions of terms and expressions in the Agreement, shall remain in full force and effect with the exception of those terms and conditions supplemented, changed, amended or added herein. The Parties agree to supplement, change and amend numbered sections of the Agreement as follows:
