Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 60 contracts
Samples: Contingent Value Rights Agreement (Pineapple Holdings, Inc.), Agreement and Plan of Merger (Albireo Pharma, Inc.), Contingent Value Rights Agreement (Ikonics Corp)
Effect of Amendments. Upon the execution of any amendment under this Article VSection, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of Certificates theretofore or thereafter authenticated, executed on behalf of the Holders and delivered under the Purchase Contract Agreement shall be bound thereby.
Appears in 57 contracts
Samples: Pledge Agreement (American Electric Power Co Inc), Pledge Agreement (American Electric Power Co Inc), Pledge Agreement (PPL Capital Funding Inc)
Effect of Amendments. Upon the execution of any amendment under this Article VSection 5, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 47 contracts
Samples: Contingent Value Rights Agreement (Abiomed Inc), Contingent Value Rights Agreement (Johnson & Johnson), Rights Agreement (Acelrx Pharmaceuticals Inc)
Effect of Amendments. Upon the execution of any amendment under this Article VIX, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of Certificates theretofore or thereafter authenticated, executed on behalf of the Holders and delivered under the Purchase Contract Agreement shall be bound thereby.
Appears in 45 contracts
Samples: Pledge Agreement (Lazard Group Finance LLC), Pledge Agreement (Affiliated Managers Group Inc), Pledge Agreement (Xl Capital LTD)
Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby.
Appears in 42 contracts
Samples: Agreement and Plan of Merger (Indivior PLC), Agreement and Plan of Merger (Tobira Therapeutics, Inc.), Contingent Value Rights Agreement (Oncogenex Pharmaceuticals, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of Certificates theretofore or thereafter authenticated, executed on behalf of the Holders and delivered under the Purchase Contract Agreement shall be bound thereby.
Appears in 27 contracts
Samples: Pledge Agreement (PNM Resources Inc), Pledge Agreement (Pmi Group Inc), Pledge Agreement (Pmi Group Inc)
Effect of Amendments. Upon the execution of any amendment under this Article VIX, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of Equity Units theretofore or thereafter authenticated, executed on behalf of the Holders and delivered under the Purchase Contract Agreement shall be bound thereby.
Appears in 16 contracts
Samples: Pledge Agreement (Florida Power & Light Co), Pledge Agreement (Nextera Energy Inc), Pledge Agreement (Nextera Energy Inc)
Effect of Amendments. Upon the execution of any amendment under this Article VIV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 12 contracts
Samples: Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Capital Bank Corp), Contingent Value Rights Agreement (North American Financial Holdings, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 10 contracts
Samples: Contingent Value Rights Agreement (Arthrocare Corp), Contingent Value Rights Agreement (Information Resources Inc), Contingent Value Rights Agreement (Arthrocare Corp)
Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and the Stockholders’ Representative and every Holder shall be bound thereby.
Appears in 8 contracts
Samples: Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Metabasis Therapeutics Inc), Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc)
Effect of Amendments. Upon the execution of any amendment to this Agreement under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Alexza Pharmaceuticals Inc.), Agreement and Plan of Merger (Progenics Pharmaceuticals Inc), Contingent Value Rights Agreement (Grupo Ferrer Internacional, S.A.)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of Certificates theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 5 contracts
Samples: Trust Agreement (Point West Capital Corp), Trust Agreement (Point West Capital Corp), Trust and Security Agreement (T&w Financial Corp)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder Person hereto shall be bound thereby.
Appears in 5 contracts
Samples: Net Operating Loss Agreement (CF Industries Holdings, Inc.), Contingent Value Rights Agreement (Information Resources Litig Contingent Pymt Rights Trust), Net Operating Loss Agreement (CF Industries Holdings, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of CVRs theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (Aes Corporation), Rights Agreement (PMR Corp), Contingent Value Rights Agreement (Markel Holdings Inc)
Effect of Amendments. Upon the execution of any amendment permitted under this Article ARTICLE V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder each Holder, Ultimate Parent, the Company, the Shareholder Representative and the Rights Agent shall be bound thereby.. ARTICLE VI
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (Safeway Inc), Contingent Value Rights Agreement (Albertsons Companies, Inc.), Contingent Value Rights Agreement (Safeway Inc)
Effect of Amendments. Upon the execution of any amendment under this Article ARTICLE V, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby.
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Aevi Genomic Medicine, Inc.), Contingent Value Rights Agreement (Cerecor Inc.), Contingent Value Rights Agreement (Cerecor Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VVI, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (Hanmi Financial Corp), Agreement and Plan of Merger (Nexstar Broadcasting Group Inc), Contingent Value Rights Agreement (Nexstar Media Group, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VARTICLE IV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 3 contracts
Samples: Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc), Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc)
Effect of Amendments. Upon the execution of any amendment under this Article VVII, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 3 contracts
Samples: Rights Agreement (At&t Inc.), Agreement and Plan of Merger (Leap Wireless International Inc), Contingent Value Rights Agreement (Leap Wireless International Inc)
Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby. In the event this Agreement is modified in accordance with this Article V, the Rights Agent will, to the extent practicable, deliver to the Holders a notice of such amendment.
Appears in 3 contracts
Samples: Contingent Value Rights Agreement (Aytu Bioscience, Inc), Agreement and Plan of Merger (Innovus Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Aytu Bioscience, Inc)
Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.. 9
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (EPIX Pharmaceuticals, Inc.), Contingent Value Rights Agreement (EPIX Pharmaceuticals, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VIV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and NeoPharm, Insys and every Holder shall be bound thereby.
Appears in 2 contracts
Samples: HTM Agreement and Plan of Merger, Agreement and Plan of Merger (Insys Therapeutics, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VXIV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Durata Therapeutics, Inc.), Contingent Value Rights Agreement (Actavis PLC)
Effect of Amendments. Upon the execution of any amendment under this Article V7, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby.
Appears in 2 contracts
Samples: Arrangement Agreement (Interoil Corp), Arrangement Agreement (Interoil Corp)
Effect of Amendments. Upon the execution of any amendment permitted under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder each Holder, Ultimate Parent, the Company, the Shareholder Representative and the Rights Agent shall be bound thereby.. ARTICLE VI
Appears in 2 contracts
Samples: Rights Agreement (Safeway Inc), Agreement and Plan of Merger (Safeway Inc)
Effect of Amendments. Upon the execution of any amendment under this Article VVII, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and the Holders’ Representative and to the extent valid and binding under applicable law every Holder shall be bound thereby.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Wize Pharma, Inc.), Rights Agreement (Wize Pharma, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VVI, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes and every Holder party hereto shall be bound thereby.
Appears in 2 contracts
Samples: Contingent Payment Rights Purchase Agreement (Tracinda Corp), Contingent Payment Rights Purchase Agreement (Delta Petroleum Corp/Co)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of VCRs theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 2 contracts
Samples: Variable Common Rights Agreement (Metrocall Inc), Variable Common Rights Agreement (Metrocall Inc)
Effect of Amendments. Upon the execution of any amendment permitted under this Article VARTICLE IV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder the Holders and the Company shall be bound thereby.. ARTICLE V
Appears in 2 contracts
Samples: Keane Group Contingent Value Rights Agreement (Keane Group, Inc.), Value Rights Agreement
Effect of Amendments. Upon the execution of any amendment under this Article VSection, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of Notes theretofore or thereafter authenticated, executed on behalf of the Holders and delivered under the Indenture shall be bound thereby.
Appears in 2 contracts
Samples: Collateral Agreement (Retail Ventures Inc), Collateral Agreement (Retail Ventures Inc)
Effect of Amendments. Upon the execution of any amendment permitted under this Article ARTICLE V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder each Holder, Parent, the Company, the Shareholder Representative and the Rights Agent shall be bound thereby.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Steel Partners Holdings L.P.), Contingent Value Rights Agreement (Steel Connect, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VVIII, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound therebypurposes.
Appears in 2 contracts
Samples: Pledge Agreement (Lazard LTD), Pledge Agreement (Lazard Group Finance LLC)
Effect of Amendments. Upon the execution of any amendment under this Article VIV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 1 contract
Effect of Amendments. Upon the execution of any amendment under this Article VIX, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder theretofore or thereafter authenticated, executed on behalf of the Holders and delivered under the SQUARZ Agreement shall be bound thereby.
Appears in 1 contract
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of CVIs theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 1 contract
Samples: Contingent Value Interests Agreement (KKR & Co. L.P.)
Effect of Amendments. Upon the execution of any amendment under by Parent and the Rights Agent in compliance with this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Chinook Therapeutics, Inc.)
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of Certificates theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.. Section 9.05
Appears in 1 contract
Samples: Trust and Security Agreement (Granite Financial Inc)
Effect of Amendments. Upon the execution of any amendment under this Article VIX, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of Units theretofore or thereafter authenticated, executed on behalf of the Holders and delivered under the Purchase Contract Agreement shall be bound thereby.
Appears in 1 contract
Effect of Amendments. Upon the execution of any amendment under this Article V, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every CVR Holder shall be bound thereby.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Technest Holdings Inc)
Effect of Amendments. Upon the execution of any amendment under this Article V3, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Ligand Pharmaceuticals Inc)
Effect of Amendments. Upon the execution of any amendment under this Article VARTICLE VII, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and the Holders’ Representative and to the extent valid and binding under applicable law every Holder shall be bound thereby.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Bioblast Pharma Ltd.)
Effect of Amendments. Upon the execution of any amendment under this Article ARTICLE V, this Agreement shall will be modified in accordance therewith, such amendment shall will form a part of this Agreement for all purposes and every Holder shall will be bound thereby.. ARTICLE VI
Appears in 1 contract
Samples: Jounce Therapeutics, Inc.
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of Securities theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 1 contract
Samples: Guarantee and Exchange Agreement (America West Holdings Corp)
Effect of Amendments. Upon the execution of any amendment permitted under this Article VARTICLE IV, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder the Holders and the Company shall be bound thereby.
Appears in 1 contract
Effect of Amendments. Upon the execution of any amendment under this Article VArticle, this Agreement shall be modified in accordance therewith, and such amendment shall form a part of this Agreement for all purposes purposes; and every Holder of PRs theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.
Appears in 1 contract
Effect of Amendments. Upon the execution of any amendment under this Article VARTICLE III, this Agreement shall be modified in accordance therewith, such amendment shall form a part of this Agreement for all purposes and every Holder shall be bound thereby.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Core Scientific, Inc./Tx)