Amendment to Rights Agreement. As of the date of this Agreement, the Company has taken all action necessary to amend the Rights Agreement to provide that neither Parent nor Merger Sub nor any of their respective affiliates shall be deemed to be an Acquiring Person (as such term is defined in the Rights Agreement), that neither a Distribution Date nor Shares Acquisition Date (as each such term is defined in the Rights Agreement) shall be deemed to occur and the Rights will not separate from the Shares, in each case as a result of the execution, delivery or performance of this Agreement, the Stockholder Tender Agreements or the public announcement or consummation of the Offer, the Merger, or the other transactions contemplated by this Agreement or by the Stockholder Tender Agreements.
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Samples: Agreement and Plan of Merger and Reorganization (Exelixis Inc), Agreement and Plan of Merger and Reorganization (Genomica Corp /De/)
Amendment to Rights Agreement. As of the date of this Agreement, the Company has taken all action necessary to amend the Company Rights Agreement to provide that neither Parent nor Merger Sub Buyer nor any of their respective affiliates its Affiliates shall be deemed to be an Acquiring Person (as such term is is, defined in the Company Rights Agreement), that neither a Distribution Date nor Shares Acquisition Date (as each such term is defined in the Company Rights Agreement) shall be deemed to occur and the Company Rights will not separate from the Sharesshares of Company Common Stock, in each case as a result of the execution, delivery or performance of this Agreement, the Stockholder Tender Voting Agreements or the public announcement or consummation of the Offer, the Merger, or the other transactions contemplated by this Agreement or by the Stockholder Tender Voting Agreements.
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Samples: Agreement and Plan of Merger and Reorganization (Spectrian Corp /Ca/), Agreement and Plan of Merger and Reorganization (Spectrian Corp /Ca/)
Amendment to Rights Agreement. As of the date of this Agreement, the Company has taken all action necessary to amend the Company Rights Agreement to provide that neither Parent nor Merger Sub Buyer nor any of their respective affiliates its Affiliates shall be deemed to be an Acquiring Person (as such term is is, defined in the Company Rights Agreement), that neither a Distribution Date nor Shares Acquisition Date (as each such term is defined in the Company Rights Agreement) shall be deemed to occur and the Company Rights will not separate from the Sharesshares of Company Common Stock, in each case as a result of the execution, delivery or performance of this Agreement, the Stockholder Tender Agreements or the public announcement or consummation of the Offer, the Merger, or the other transactions contemplated by this Agreement or by the Stockholder Tender Agreements.Agreement. ARTICLE V
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