Suspension of Certain Covenants. The parties hereto hereby agree that the covenants of the parties contained in Sections 5.10(a), (b)(iii) and (c) and 5.11(a), (b)(iii) and (c) of the Merger Agreement shall be suspended and shall be of no force or effect during the period (the "Suspension Period") beginning upon the execution and delivery of this Amendment No. 1 and ending at 9:00 A.M., New York City time, on Tuesday, October 5, 1999; provided, that Section 5.10(b)(iii) is suspended during such period only to the extent necessary for Cyprus to enter into any confidentiality agreement related to any Cyprus Takeover Proposal and provided that Section 5.11(b)(iii) is suspended during such period only to the extent necessary for ASARCO to enter into any confidentiality agreement related to any ASARCO Takeover Proposal.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Asarco Inc), Agreement and Plan of Merger (Asarco Inc), Agreement and Plan of Merger (Cyprus Amax Minerals Co)
