Amendment of Section 11(a) Sample Clauses

Amendment of Section 11(a). Section 11(a) of the Rights Agreement is amended to add the following clause (iv):
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Amendment of Section 11(a). Section 11(a) of the Rights Agreement is amended by adding the following sentence at the end thereof: Notwithstanding anything in this Agreement to the contrary, the Rights shall not be adjusted or become exercisable in accordance with this Section 11(a) as a result of (i) the negotiation, execution, delivery, preparation or approval of the Stock Purchase Agreement, (ii) the consummation of the sale of 890,221 shares of Common Stock by Xxxxxx X. Lung and Xxxxxxx Lung to Tontine Capital Partners, L.P. in accordance with the provisions of the Stock Purchase Agreement, (iii) any public announcement related thereto, or (iv) any purchase or acquisition of Common Stock by any or all of Xxxxxxx X. Xxxxxxx, Tontine Capital Partners, L.P. and Tontine Capital Management L.L.C. or any of their Affiliates or Associates, acting individually, with another Person, or as part of the group identified by the Schedule 13D relating to the Stock Purchase Agreement as first filed with the Securities and Exchange Commission, solely to the extent that, after the completion of such purchase or acquisition, such Persons identified in this clause (iv) would Beneficially Own, individually or in the aggregate, less than 30% of the Common Stock outstanding at all times.
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Amendment of Section 11(a). Section 11(a) of the Original Agreement is hereby amended and restated to read in its entirety as follows: The Purchase Price, the number of Preferred Shares (or fraction thereof) covered by each Right and the number of Rights outstanding are subject to adjustment from time to time as provided in this Section 11.
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Amendment of Section 11(a). Section 1.1 of the Securities Purchase Agreement is amended to include the definition set forth below:
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Amendment of Section 11(a). Section 11(a) of the Agreement is hereby amended and restated in its entirety as follows:
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Amendment of Section 11(a). (iii). Section 11(a)(iii) of the Rights Agreement is amended to add the following sentence to the end thereof: “Notwithstanding the foregoing, the Company shall not elect to take any of the actions contemplated by this Section 11(a)(iii) as a result of any of the Exempted Transactions.”
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Amendment of Section 11(a). Section 1.1(a) of the Agreement shall be amended to replace “11,354,260” with “14,684,843.”
Sample 1
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Related to Amendment of Section 11(a)

  • Amendment of Section 6 14. Section 6.14 of the Credit Agreement is amended to read as follows:

  • Amendment of Section 1.1 Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in the appropriate locations according to alphabetical order, or by amending and restating existing definitions to read as indicated, as applicable:

  • Amendment of Section 8 15(b). Section 8.15(b) of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendment of Section 7 2.10(f). Clause (iii) of Section 7.2.10(f) of the Credit Agreement is hereby amended and restated in its entirety to the following:

  • Amendment of Section 5 1. Section 5.1. of the Agreement is hereby amended and restated in its entirety to read as follows:

  • Amendment of Section 4 4. Pursuant to Section 9.2 of the Indenture, Section 4.4(b) of the Indenture is hereby amended and restated in its entirety to read as follows:

  • Amendment of Section 10 1. Section 10.1 of the Note Agreement is amended to read in its entirety as follows:

  • Amendment of Section 9.2. Section 9.2 of the Credit Agreement is hereby amended to read in its entirety as follows:

  • Amendment of Section 1 Section 1 of the Rights Agreement is supplemented to add the following definitions in the appropriate locations:

  • Amendment of Section 3 Section 3 of the Employment Agreement is hereby deleted in its entirety and replaced with the following: Term. Unless otherwise terminated in accordance with Sections 8, 9, 10 or 11, the Employment Term shall be for a term ending April 30, 2015. This Agreement shall be automatically renewed for successive additional Employment Terms of one (1) year each unless notice of termination is given in writing by either party to the other party at least thirty (30) days prior to the expiration of the initial Employment Term or any renewal Employment Term.

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