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

Amendment to Section 3(a). Section 3(a) of the Agreement shall be amended by inserting the following at the end of Section 3(a): “Notwithstanding the foregoing or any provision to the contrary in this Agreement, a Distribution Date shall not occur or be deemed to have occurred by virtue of or as a result of any Exempted Transaction.”

Appears in 1 contract

Samples: Rights Agreement (Avaya Inc)

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Amendment to Section 3(a). Section 3(a) of the Rights Agreement shall be is amended by inserting to add the following at sentence after the end of Section 3(a): last sentence thereof: “Notwithstanding the foregoing or any provision to the contrary in this Agreement, a Distribution Date shall not shall not occur or be deemed to have occurred by virtue of or as a result of any Exempted Transactionthe execution of the Merger Agreement or the announcement or consummation of the transactions contemplated thereby pursuant to the terms of the Merger Agreement.”

Appears in 1 contract

Samples: Rights Agreement (Realogy Corp)

Amendment to Section 3(a). Section 3(a) of the Rights Agreement shall be amended by inserting the following sentence at the end of Section 3(a): “Notwithstanding the foregoing or any provision to the contrary in this Agreement, a Distribution Date shall not occur or be deemed to have occurred in connection with, by virtue of or as a result of any Exempted Transaction.”

Appears in 1 contract

Samples: Rights Agreement (Graphic Packaging Corp)

Amendment to Section 3(a). Section 3(a) of the Rights Agreement shall be is amended by inserting to add the following at sentence after the end of Section 3(a): last sentence thereof: “Notwithstanding the foregoing or any provision to the contrary in this Agreement, a Distribution Date shall not occur or be deemed to have occurred by virtue of or as a result of any Exempted Transactionthe execution of the Merger Agreement or the announcement or consummation of the transactions contemplated thereby.”

Appears in 1 contract

Samples: Rights Agreement (Xm Satellite Radio Holdings Inc)

Amendment to Section 3(a). Section 3(a) of the Rights Agreement shall be is hereby amended by inserting the following sentence at the end of Section 3(a): thereof: “Notwithstanding the foregoing or any provision anything in this Agreement to the contrary in this Agreementcontrary, a Distribution Date shall not occur or be deemed to have occurred by virtue of or solely as a result of any Exempted TransactionPermitted Event.”

Appears in 1 contract

Samples: Rights Agreement (Quintana Maritime LTD)

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Amendment to Section 3(a). Section 3(a) of the Agreement shall be is hereby amended by inserting the following sentence at the end of Section 3(a): “thereof: "Notwithstanding the foregoing or any provision anything in this Agreement to the contrary in this Agreementcontrary, a Distribution Date shall not occur or be deemed to have occurred by virtue of or solely as a result of the occurrence of any Exempted TransactionPermitted Event."

Appears in 1 contract

Samples: Rights Agreement (Wilmington Trust Corp)

Amendment to Section 3(a). Section 3(a) of the Rights Agreement shall be is hereby amended by inserting the following sentence at the end of such Section 3(a): “Notwithstanding the foregoing or any provision anything in this Agreement to the contrary in this Agreementcontrary, a Distribution Date shall not occur or be deemed to have occurred by virtue of or as a result of any Exempted Transaction.”

Appears in 1 contract

Samples: Rights Agreement (Us Oncology Inc)

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