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

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby supplemented and amended by inserting the following sentence immediately after the last sentence thereof: “Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred, and the Rights will not become separable, distributable, unredeemable, triggered or exercisable, in each case as the result of the public announcement, approval, execution, delivery or performance of the Transaction Agreement, the consummation of any of the Transactions or the announcement of any of the foregoing.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby supplemented and amended by inserting the following sentence immediately after the last sentence thereof: “"Notwithstanding anything in this Agreement to the contrary, a no Distribution Date shall not be deemed to have occurred, and the Rights will not become separable, distributable, unredeemable, triggered or exercisable, in each case occurred solely as the a result of the public announcement, approval, executionexecution or delivery of, delivery or performance consummation of the Transaction Agreementtransactions contemplated under, the consummation of any of Merger and Contribution Agreement in the Transactions or manner provided for therein, including without limitation, the announcement of any of the foregoingMerger.”"

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby supplemented and amended by inserting the following sentence immediately after the last sentence thereof: “"Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred, and the Rights will not become separable, distributable, unredeemable, triggered or exercisable, in each case occurred solely as the result of the public announcement, approval, execution, delivery or performance of the Transaction Agreement, Merger Agreement or the consummation of the Merger or any of the Transactions or the announcement of any of the foregoingother transactions contemplated thereby.”"

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby supplemented and amended by inserting to add the following sentence immediately after at the last sentence end thereof: “Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred, and the Rights will not become separable, distributable, unredeemable, triggered or exercisable, in each case occurred as the result of the public announcement, approval, execution, delivery or performance of the Transaction Agreement, (i) the consummation of any the Merger, (ii) the execution or delivery of the Transactions Merger Agreement or (iii) the announcement of any consummation of the foregoingother transactions contemplated in the Merger Agreement.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby amended and supplemented and amended by inserting adding the following sentence immediately after as the last final sentence thereofof such section: “Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not occur or be deemed to have occurred, and the Rights will not become separable, distributable, unredeemable, triggered occur in connection with or exercisable, in each case as the a result of the public announcement, public disclosure, approval, amendment, execution, delivery delivery, adoption or performance of the Transaction Merger Agreement, a Voting Agreement or the consummation of the First Merger or any of the Transactions or the announcement of any of the foregoingother transactions contemplated thereby.”

Amendment to Section 3(a). Section 3(a) of the Rights Agreement is hereby supplemented and amended by inserting the following sentence immediately after at the last sentence end thereof: “Notwithstanding anything in this Agreement to the contrary, a Distribution Date shall not be deemed to have occurred, and the Rights will not become separable, distributable, unredeemable, triggered or exercisable, in each case occurred as the a result of (i) the public announcement, approval, execution, execution and delivery or performance of the Transaction Merger Agreement, (ii) the consummation of any the Merger, (iii) the execution and delivery of the Transactions or Voting Agreements, and (iv) the announcement exercise by the parties thereto of any of their respective rights under the foregoingVoting Agreements.”