Original Merger Agreement. Each of the parties hereto agrees and confirms that the Original Merger Agreement is hereby amended and restated in its entirety, and is in force and effect only as so amended and restated.
Original Merger Agreement. Notwithstanding anything to the contrary in Section 9.3 of the Original Merger Agreement, this Agreement shall not amend or restate the Original Merger Agreement, and the Original Merger Agreement shall continue in full force and effect without any amendment or modification thereof pursuant to the provisions of this Agreement, until such time as this Agreement shall have been approved and adopted by the Required Vote.
Original Merger Agreement. The parties each hereby agree that any rights and obligations that any party may have had under the Original Merger Agreement are hereby terminated in their entirety effective upon the Execution Date. None of the parties nor any of their respective Affiliates shall have any Liability to any other party or any Affiliate of any other party in connection with the Original Merger Agreement or any breach or violation of any 106 covenant set forth therein, or any breach or inaccuracy of any representation or warranty set forth therein (the “Released Claims”). No party shall commence any Action against any other party or any Affiliate of any other party in respect of any Released Claims. [Signature Pages Follow]
Original Merger Agreement. None of the parties hereto shall have any liability to the other under the Original Merger Agreement if the Merger is consummated or this Agreement is terminated other than as set forth in the first sentence of this Section 10.2(c).
Original Merger Agreement. 1 Parties..................................................... 2 Party....................................................... 2
Original Merger Agreement. 40 APPENDIX A: Definitions EXHIBITS:
Original Merger Agreement. Original Merger Agreement" shall have the meaning given in the Recitals hereof.
Original Merger Agreement. From the date of the Original Merger Agreement through the date hereof, ANI has not taken any action or failed to take any action that constituted a violation of Article V of the Original Merger Agreement, other than Sections 5.7, 5.9 and 5.16 thereof.
Original Merger Agreement. From the date of Original Merger Agreement through the date hereof, the Company has not taken any action or failed to take any action that constituted a violation of Article V of the Original Merger Agreement, other than Sections 5.8, 5.9 and 5.16 thereof.
