Amendment of Section Sample Clauses

Amendment of Section. 9.2. Section 9.2 of the Credit Agreement is hereby amended to read in its entirety as follows:
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Amendment of Section. 1(a). Section 1(a) of the Rights Agreement is amended and restated to read as follows:
Amendment of Section. 3. The first sentence in Section 3 shall be amended in the entirety to read as follows: This option may be exercised by written notice delivered to the Bank stating the number of shares with respect to which this option is being exercised, together with the purchase price in cash or subject to applicable law, with Bank common stock previously acquired by the optionee and held by the optionee for a period of at least six months.
Amendment of Section. 3(a). Section 3(a) of the Rights Agreement is amended to add the following sentence at the end thereof: "Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred as a result of (i) the execution, delivery or performance of the Merger Agreement or the Stockholders Agreements, or (ii) the consummation of the transactions contemplated by the Merger Agreement (including, without limitation, the acquisition of Shares (as defined in the Merger Agreement))."
Amendment of Section. 4.08. Effective upon, and subject only to, the Acceptance, the provisions of Section 4.08 of the Indenture are amended by deleting the text of such Section in its entirety and inserting in lieu thereof the phrase "[intentionally omitted]".
Amendment of Section. 3(a). The first sentence of Section 3(a) of the Rights Agreement is amended to read in its entirety as follows: "Until the earlier of (i) the Close of Business on the Shares Acquisition Date and (ii) the Close of Business on the tenth Business Day (or such later date as may be determined by action of the Company's Board of Directors prior to such time as any Person becomes an Acquiring Person and of which the Company will give the Rights Agent prompt written notice) after the date that a tender or exchange offer by any Person (other than the Company, any Subsidiary of the Company, any employee benefit plan of the Company or of any Subsidiary of the Company or any entity holding shares of Common Stock for or pursuant to the terms of any such plan) is first published or sent or given within the meaning of Rule 14d-4(a) of the Exchange Act Regulations or any successor rule or of the first public announcement of the intention of any Person (other than the Company, any Subsidiary of the Company, any employee benefit plan of the Company or of any Subsidiary of the Company or any entity holding shares of Common Stock for or pursuant to the terms of any such plan) to commence, a tender or exchange offer, if upon consummation thereof such Person would be the Beneficial Owner of 15% or more (or in the case of Warburg, more than the Permitted Percentage) of the shares of Company Common Stock then outstanding, or, in the case of the Investor Group during the Interim Period, the Investor Group purchases any securities of the Company which result in the Permitted Investor becoming the Beneficial Owner (as defined in the Xxxxxx Rights Agreement) of any securities of the Company in addition to the Shares, or in the case of the Investor Group during the Threshold Period, the Permitted Investor's Beneficial Ownership (as defined in the Xxxxxx Rights Agreement) would exceed the Beneficial Ownership Limitation (as defined in the Xxxxxx Rights Agreement), (the earlier of (i) and (ii) above being the "Distribution Date"), (x) the Rights will be evidenced (subject to the provisions of Section 3(b) hereof) by the certificates for shares of Common Stock registered in the names of the holders thereof (which certificates shall also be deemed to be Rights Certificates) and not by separate Rights Certificates, and (y) the right to receive Rights Certificates will be transferable only in connection with the transfer of shares of Common Stock."
Amendment of Section. Section 11.2 of the Securityholders Agreement is hereby amended by changing the following definition to read in its entirety as follows:
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Amendment of Section. 1.1(g). Section 1.1(g) of the Agreement is hereby deleted in its entirety and replaced with the following: 1.1 (g) "EMPLOYMENT PERIOD" means the period beginning on the Effective Date and ending on the later of (i) May 6, 2001, or (ii) May 6 of any succeeding fiscal year during which notice is given by either party (as described in Section 1.1(j)) of such party's intent not to renew this Agreement.
Amendment of Section. 2.1. Subsection (a) of Section 2.1 of the Stock Purchase Agreement is deleted in its entirety and replaced with the following language:
Amendment of Section. 1(a). Section 1(a) of the Rights Agreement is hereby amended by deleting such section and inserting in lieu thereof the following:
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