Amendment to Section 3. Section 3 of the Rights Agreement is hereby amended and supplemented by adding the following proviso to the end of the first sentence thereof: "; provided that notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not occur or be deemed to have occurred as a result of (i) the approval, execution, delivery or performance of the Merger Agreement, (ii) the consummation of the Merger, (iii) the consummation of any other transaction contemplated in the Merger Agreement, including the exchange of common stock of the Company for common stock of the Parent thereunder pursuant to the Merger Agreement, or (iv) the public announcement of any of the foregoing."
Amendment to Section 3. Section 3(b) of the Consulting Agreement is hereby amended to read in its entirety as follows:
Amendment to Section 3. 02. Section 3.02 of the Indenture is hereby amended and restated in its entirety as follows:
Amendment to Section 3. 06. Section 3.06 shall be amended to read in its entirety as follows:
Amendment to Section 3. 05(a). Section 3.05(a) is hereby amended by deleting such Section in its entirety and replacing it with the following: