Common use of Effect of First Amendment Clause in Contracts

Effect of First Amendment. On and after the date hereof, each reference in the Merger Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Merger Agreement, and each reference in any of the agreements or certificates to be delivered in connection with the Merger Agreement to the “Merger Agreement,” “thereunder,” “thereof” or words of like import referring to the Merger Agreement, shall mean and be a reference to the Merger Agreement as amended by this First Amendment. The Merger Agreement as amended by this First Amendment constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, representations or other arrangements, whether express or implied, written or oral, of the parties in connection therewith except to the extent expressly incorporated or specifically referred to herein. In the event of a conflict between the respective provisions of the Merger Agreement and this First Amendment, the terms of this First Amendment shall control. Except as specifically amended by the terms of this First Amendment, the terms and conditions of the Merger Agreement are and shall remain in full force and effect for all purposes.

Appears in 2 contracts

Sources: Agreement and Plan of Merger, Agreement and Plan of Merger (Sunpower Corp)

Effect of First Amendment. On and after the date hereof, each reference in the Merger Purchase Agreement to "this Agreement,” “" "hereunder,” “" "hereof,” “" "herein" or words of like import referring to the Merger Purchase Agreement, and each reference in any of the agreements or certificates to be delivered in connection with the Merger Agreement Other Agreements to the “Merger "Purchase Agreement,” “" "thereunder,” “" "thereof" or words of like import referring to the Merger Purchase Agreement, shall mean and be a reference to the Merger Purchase Agreement as amended by this First Amendment. The Merger Agreement as amended by this This First Amendment constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, representations or other arrangements, whether express or implied, written or oral, of the parties in connection therewith except to the extent expressly incorporated or specifically referred to herein. In the event of a conflict between the respective provisions of the Merger Purchase Agreement and this First Amendment, the terms of this First Amendment shall control. Except as specifically amended by the terms of this First Amendment, the terms and conditions of the Merger Purchase Agreement are and shall remain in full force and effect for all purposes.

Appears in 2 contracts

Sources: Purchase Agreement (Sequa Corp /De/), Purchase Agreement (Aerojet Ordnance Tennessee Inc)