Common use of Modification of Section 4 Clause in Contracts

Modification of Section 4. 3. a. The first sentence of Section 4.3(a) of the Agreement hereby is amended by deleting clause (ii) appearing in the proviso such that the proviso reads in its entirety as follows: ; provided, however, that nothing in this Agreement shall prohibit the Company Board from complying with Rule 14e-2 promulgated under the Exchange Act with regard to an Acquisition Proposal.

Appears in 2 contracts

Sources: Agreement and Plan of Merger (Ventritex Inc), Agreement and Plan of Merger (Ventritex Inc)