The Investment Agreement. (a) The Company hereby expressly waives any breach of Section 6.1 of the Investment Agreement (the "Investment Agreement"), dated as of August 6, 1997, between DuPont and the Company that is caused by the execution, delivery and/or performance of this Agreement or the events leading to the execution and delivery of this Agreement.
(b) The Company and DuPont agree that the Investment Agreement is hereby amended to eliminate Section 6.7(c)
The Investment Agreement. Notwithstanding anything in this Agreement to the contrary, none of the events set forth in clauses (i), (ii), (iii), (iv) or (v) of this paragraph shall cause (a) the Rights to become exercisable or give any holder of the Rights any legal or equitable right, remedy or claim under this Agreement, (b) the Elutions Group or any member thereof to be or become (or be deemed to be or deemed to become) an Acquiring Person, (c) a Stock Acquisition Date to occur (or be deemed to occur) or (d) a Distribution Date to occur (or be deemed to occur): (i) any approval, execution and delivery of the Investment Agreement or any other transaction document contemplated thereby, (ii) any consummation of any of the transactions contemplated by the Investment Agreement or any other transaction document contemplated thereby, including as a result of or in connection with any issuance, exercise or conversion (and any issuance of shares of Common Stock upon exercise or conversion) of warrants issued or issuable pursuant to the Investment Agreement (or any other transaction document contemplated thereby), (iii) any compensation to the Elutions Group or any member thereof in connection with service as a member of the Board of Directors of the Company, (iv) any transfers of securities of the Company between or among members of the Elutions Group or (v) any public announcement of any of the foregoing.”
12. The date defined as the “Final Expiration Date” in Exhibit B to the Rights Agreement shall be amended to be February 23, 2024 and all references to March 27, 2018 in Exhibit B and Exhibit C to the Rights Agreement are hereby changed to refer to February 23, 2024.
13. The Exhibits to the Rights Agreement shall be deemed restated to reflect this Amendment, mutatis mutandis.
14. Unless expressly modified by this Amendment, the terms and conditions of the Rights Agreement remain unchanged and in full force and effect. The contents of this Amendment supersede any previous agreement between the parties pertaining to the subject matter hereof. To the extent that there is a conflict between the terms and provisions of the Rights Agreement and this Amendment, the terms and provisions of this Amendment shall control.
15. This Amendment shall be deemed to be a contract made under the laws of the State of Delaware and for all purposes shall be governed by and construed in accordance with the laws of such State applicable to contracts made and to be performed entirely within such State.
16. Thi...
The Investment Agreement. This Note is one of the duly-authorized issue of 12% Senior Secured Convertible Notes Due 2007 of the Company (collectively, the "Notes") issued under that certain Investment Agreement, dated as of December 27, 2001 (as amended, supplemented or otherwise modified from time to time, the "Investment Agreement"), among the Parent, the Company and Clayton, Dubilier & Rice Fund VI Limited Partnership (the "Initial Holxxx"), and reference is hereby made to the Investment Agreement for a statement of the respective rights, limitations of rights, duties and immunities thereunder of the Parent, the Company (and any other obligor upon the Notes) and each Holder, and of the terms upon which the Notes are, and are to be, delivered. The terms of the Notes include those stated in the Investment Agreement. The Notes are subject to all such terms, and Holders are referred to the Investment Agreement for a statement of such terms. In the event of any conflict or inconsistency between the terms of this Note and the terms of the Investment Agreement, the terms of the Investment Agreement shall control and govern. Defined terms used in this Note without definition have the meanings given to them in the Investment Agreement. The Company will furnish to any Holder, without charge, upon the written request of such Holder, a copy of the Investment Agreement. Requests may be made to: Acterna LLC 20410 Observation Drive Germantown, Maryland 20876 Xxxx: Xxxxxxx Xxxxxxx
The Investment Agreement. 1.1 Date
The Investment Agreement. Date: 15 August 2012 Parties: (i) Tianneng Battery, being the purchaser;
The Investment Agreement. Except as specifically amended hereby, the Investment Agreement shall continue in full force and effect in accordance with the provisions thereof as in existence on the date hereof. Upon and following the execution and delivery of this Amendment, any reference to the Investment Agreement shall mean the Investment Agreement as amended or modified hereby.
The Investment Agreement. MCI and BT agree that each will notify the other immediately if any inquiries or proposals are received by, any information is requested from, or any negotiations or discussions are sought to be initiated or continued with, either MCI or BT or any of their respective affiliates or representatives regarding any Acquisition Proposal with respect to such other party.
The Investment Agreement. Notwithstanding anything contained in this Agreement to the contrary, (A) neither the approval, execution, delivery or public announcement of the Investment Agreement nor the consummation of the transactions contemplated thereby (including, without limitation, the conversion of the Convertible Preferred Securities into shares of Common Stock) or the performance by the Company of its obligations thereunder shall cause (a) the Rights to become exercisable, (b) Bank of America or any of its Affiliates or Associates to be an Acquiring Person, (c) a Stock Acquisition Date to occur or (d) a Distribution Date to occur and (B) solely for purposes of determining whether Bank of America or any of its Affiliates is an Acquiring Person, until such time as the standstill obligations set forth in Section 4.06 of the Investment Agreement lapse in accordance with Section 4.06(c) thereof, the Convertible Preferred Securities acquired by Bank of America or its Affiliates in the Purchase, and any shares of Common Stock issued upon conversion of such Convertible Preferred Securities and held by Bank of America or any of its Affiliates, shall be excluded from the shares of Common Stock deemed hereunder to be Beneficially Owned by Bank of America or its Affiliates.
The Investment Agreement. On 23 March 2016 (after trading hours), the Company entered into the Investment Agreement, the principal terms of which are set out below: 23 March 2016
The Investment Agreement. On 23 November 2018, the Company, Jiangxi Shipbuilding, Yangzijiang Shipbuilding and Xxxx Xxxxxxx entered into the Investment Agreement pursuant to which the parties agreed to, among other things, establish the Mining Co and to reorganise the shipbuilding business and assets of Jiangxi Shipbuilding. Principle terms of the Investment Agreement are as follows: Date: 23 November 2018 Parties: (i) Yangzijiang Shipbuilding;
