Amendment of Section 29. Section 29 of the Rights Agreement is amended by adding the following sentence at the end thereof: “Nothing in this Agreement shall be construed to give any holder of Rights or any other Person any legal or equitable rights, remedies or claims under this Agreement by virtue of (i) the execution of the Letter Agreement or the Warrant or (ii) the consummation of the Transactions or any other transaction contemplated by the Letter Agreement or the Warrant.”
Amendment of Section 29. Section 2.9 of the Credit Agreement is hereby amended by replacing the entirety of the first clause (ii) of such Section 2.9 with “(reserved)”.
Amendment of Section 29. Section 2.9 of the Agreement is hereby amended to read as follows:
Amendment of Section 29. Section 29 of the Rights Agreement is amended to read in its entirety as follows: BENEFITS OF THIS AGREEMENT. Nothing in this Agreement shall be construed to give to any Person other than the Company, the Rights Agent and the registered holders of the Rights Certificates (and, prior to the Separation Date, registered holders of the Common Stock) any legal or equitable right, remedy or claim under this Agreement; but this Agreement shall be for the sole and exclusive benefit of the Company, the Rights Agent and the registered holders of the Rights Certificates (and, prior to the Separation Date, registered holders of the Common Stock); provided, however, that no Person shall be granted or issued any Rights, no holder of any Rights shall be entitled to exercise such Rights under any of the sections, terms or provisions of this Agreement, and nothing in this Agreement shall be construed to give any holder of Rights or any other Person any legal or equitable rights, remedies or claims under this Agreement, in each case solely by virtue 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 or (iii) any public announcement related thereto.
Amendment of Section 29. Section 29 of the Rights Agreement is ----------------------- hereby amended and restated to read as follows: "Nothing in this Agreement shall be construed to give to any Person other than the Company, the Rights Agent and the registered holders of the Right Certificates (and, prior to the Distribution Date, the Common Shares) any legal or equitable right, remedy or claim under this Agreement; but this Agreement shall be for the sole and exclusive benefit of the Company, the Rights Agent and the registered holders of the Right Certificates (and, prior to the Distribution Date, the Common Shares)."
Amendment of Section 29. Section 29 of the Rights Agreement is ----------------------- amended to add the following sentence at the end thereof: "Nothing in this Agreement shall be construed to give to any person or corporation other than the Company, the Rights Agent and the registered holders of the Right Certificates (and, prior to the Distribution Date, registered holders of the Common Stock) any legal or equitable right, remedy or claim under this Agreement, by virtue of the consummation of the Transactions, or by virtue of the execution of the Merger Agreement or the Stock Option Agreement, or by virtue of any of the other transactions contemplated by the Merger Agreement or the Stock Option Agreement; but this Agreement shall be for the sole and exclusive benefit of the Company, the Rights Agent and the registered holders of the Rights Certificates (and, prior to the Distribution Date, registered holders of the Common Stock)."
Amendment of Section 29. Section 2.9 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Amendment of Section 29. The phrase "(and, where specifically provided ----------------------- for herein, only upon approval by a majority of the Continuing Directors)" in Section 29 shall be deleted; the phrase "(or, where specifically provided for herein, only upon approval by a majority of the Continuing Directors)" in Section 29 shall be deleted; and the phrase "or the Continuing Directors" in the last sentence in Section 29 shall be deleted.
Amendment of Section 29. (a) Section 29 of the Rights Agreement is hereby amended by inserting the following as the last sentence: “The Rights Agent is entitled always to assume that the Board of Directors acted in good faith and shall be fully protected and incur no liability in reliance thereon.”
Amendment of Section 29. Section 29 of the Lease is amended by changing the first clause of the first sentence thereof (preceding the word "except" which appears therein) to read as follows: "Sublessee and Sublessor shall keep EXHIBITS B, B-1, C-1, C-2 and D and ANNEX B to this Sublease and txx Xxxxxxxx Xxx Xxxxxxxxxcation Agreement confidential and shall not disclose, or cause to be disclosed, the same to any Person,".
