Common use of Amendment of Section 3(a) Clause in Contracts

Amendment of Section 3(a). Section 3(a) of the Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred by reason of (i) the execution and delivery of the Merger Agreement or any amendment thereto, (ii) the acquisition of Common Stock or other capital stock of the Company pursuant to the Merger Agreement or the consummation of the Merger, or (iii) the consummation of any other transaction contemplated by the Merger Agreement.”

Amendment of Section 3(a). Section 3(a) of the Rights Agreement is hereby amended by adding to add the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, a no Distribution Date shall not be deemed to have occurred by reason solely as a result of (i) the execution and approval, execution, delivery or adoption of the Merger Agreement or any amendment theretoAgreement, (ii) the acquisition of Common Stock approval, adoption or other capital stock of the Company pursuant to the Merger Agreement or the consummation of the Merger, Merger or (iii) the consummation of any other transaction contemplated by the Merger Agreement, or (iii) the public announcement of the foregoing.”