Amendment of Section 3(b) Sample Clauses

Amendment of Section 3(b). The second sentence of Section 3(b) of each Agreement is hereby deleted and replaced with the following: A form of Purchase Order and Redemption Order is attached hereto as Exhibit B.
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Amendment of Section 3(b). Section 3(b) of the Agreement is amended and restated in its entirety to read as follows:
Amendment of Section 3(b). The first sentence of Section 3(b) of the Rights Agreement is hereby amended by deleting it in its entirety and inserting the following in place thereof: “Until the earlier of (i) the Close of Business on the tenth calendar day after such date on which the Company learns that a Person has become an Acquiring Person and (ii) the Close of Business on the tenth calendar day (or, unless the Distribution Date shall have previously occurred, such later date as may be specified by the Board of Directors of the Company), if any, as may be designated by the Board following the commencement of, or first public disclosure of an intent to commence, a tender or exchange offer by any Person (other than the Company, any Subsidiary of the Company, any employee benefit or compensation plan of the Company or of any of its Subsidiaries, or any Person organized, appointed or established by the Company and holding Common Shares for or pursuant to the terms of any such employee benefit or compensation plan) for outstanding Common Shares, if upon consummation of such tender or exchange offer such Person could be the Beneficial Owner of more than 10% of the outstanding Common Shares (the Close of Business on the earlier of such dates being the “Distribution Date”), (x) the Rights shall, except as otherwise provided in Section 3(c), be evidenced by the certificates for Common Shares registered in the names of the holders thereof, or, in the case of Common Shares held in uncertificated form, by the transaction statement or other record of ownership of such Common Shares, and not by separate Right Certificates, and (y) the Rights, including the right to receive Right Certificates, shall be transferable only in connection with the transfer of the underlying Common Shares.”
Amendment of Section 3(b). The Stockholders’ Agreement is hereby amended by deleting Section 3(b) in its entirety and substituting the following in its place:
Amendment of Section 3(b). The Parties agree that Section 3(b) of the Agreement shall be amended to read, in its entirety:
Amendment of Section 3(b). Section 3B of the Employment Agreement is hereby amended in its entirety to read as follows:
Amendment of Section 3(b). The introductory paragraph of Section 3(b) of the Employment Agreement is hereby deleted in its entirety and the following is substituted in lieu thereof.
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Amendment of Section 3(b). Section 3(b) of the Agreement is hereby replaced with the following: “Cytokinetics hereby expressly acknowledges and agrees to the following: (i) the Licensed Premises shall not be used by Cytokinetics for any purpose other than to conduct the studies and tasks described in the Research Plan or as allowed by the Sublease, whichever is stricter, and that Cytokinetics shall use the Licensed Premises in full compliance with the restrictions of the stricter of this Agreement or the Sublease; (ii) Cytokinetics Personnel shall not enter any portion of the Master Premises other than the Licensed Premises; (iii) Portola shall have priority access to, and use of, the Lab Space, and Cytokinetics shall have access to the Lab Space on an “as available” basis, provided that Portola shall use reasonable efforts to accommodate Cytokinetics’ need for such Lab Space; (iv) Cytokinetics has no right, title or interest in or to any of the Licensed Premises other than as expressly set forth herein and that the license hereby granted does not grant an estate in the Licensed Premises; (v) Cytokinetics shall not allow more than [***] ([***]) Cytokinetics Personnel in the Licensed Premises at any single time; and (vi) Cytokinetics shall allow only Cytokinetics Personnel into the Licensed Premises and shall not allow any invitees into the Licensed Premises without prior notice to Portola.”
Amendment of Section 3(b). Section 3(b) of the Option Agreement is hereby amended and restated in its entirety by the following:
Amendment of Section 3(b). The Warrant shall be and is hereby amended to delete Section 3(b) in its entirety and replace it with the following:
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