Common use of Renewal Amendment Clause in Contracts

Renewal Amendment. Prior to the applicable date determined pursuant to clause (iii) of the definition of “Expiration Time” (the “Applicable Expiration Date”) (or, if the Applicable Expiration Date is hereafter amended to extend such date pursuant to this Section 5.19, then prior to the then Applicable Expiration Date), a committee of the Board of Directors of the Company, comprised only of directors who shall have been determined by the Board of Directors of the Company to be independent under the NYSE Amex listing standards (the “Rights Plan Committee”), may review this Agreement to determine whether extending the Applicable Expiration Date would be in the best interests of the Company and its stockholders. Upon the approval of both the Rights Plan Committee and the Board of Directors of the Company to extend the Applicable Expiration Date, the Company shall execute, and shall request (in accordance with Section 5.4) that the Rights Agent execute, an amendment to this Agreement pursuant to Section 5.4 giving effect to such extension; provided that in no event shall such amendment cause the Applicable Expiration Date to be extended beyond the date of the third anniversary of the effective date of such amendment. The Rights Plan Committee, when reviewing this Agreement, shall have the power and authority to (x) retain at the expense of the Company its choice of legal counsel, investment bankers and other advisors, and (y) review all information of the Company and to consider all factors it deems relevant to any such review.

Renewal Amendment. Prior to the applicable date determined pursuant to clause (iii) of the definition of “Expiration Time” (the “Applicable Expiration Date”) (or, if the Applicable Expiration Date is hereafter amended to extend such date pursuant to this Section 5.19, then prior to the then Applicable Expiration Date), a committee the Rights Plan Committee of the Board of Directors of the Company, comprised only a majority of which are directors who shall have been determined by the Board of Directors of the Company to be independent under the NYSE Amex listing standards (the “Rights Plan Committee”), may review this Agreement to determine whether extending the Applicable Expiration Date would be in the best interests of the Company and its stockholders. Upon the approval of both (i) all the members of the Rights Plan Committee and (ii) the Board of Directors of the Company to extend the Applicable Expiration Date, the Company shall execute, and shall request (in accordance with Section 5.4) that the Rights Agent execute, an amendment to this Agreement pursuant to Section 5.4 giving effect to such extension; provided that in no event shall such amendment cause the Applicable Expiration Date to be extended beyond the date of the third first anniversary of the effective date of such amendment. The Rights Plan Committee, when reviewing this Agreement, shall have the power and authority to (x) retain at the expense of the Company its choice of legal counsel, investment bankers and other advisors, and (y) review all information of the Company and to consider all factors it deems relevant to any such review.

Renewal Amendment. Prior to the applicable date determined pursuant to clause (iii) of the definition of “"Expiration Time” " (the “"Applicable Expiration Date”") (or, if the Applicable Expiration Date is hereafter amended to extend such date pursuant to this Section 5.19, then prior to the then Applicable Expiration Date), a committee of the Board of Directors of the Company, comprised only of directors who shall have been determined by the Board of Directors of the Company to be independent under the NYSE Amex listing standards (the “"Rights Plan Committee”), ") may review this Agreement to determine whether extending the Applicable Expiration Date would be in the best interests of the Company and its stockholders. Upon the approval of both (i) two-thirds of members of the Rights Plan Committee and (ii) the Board of Directors of the Company to extend the Applicable Expiration Date, the Company shall execute, and shall request (in accordance with Section 5.4) that the Rights Agent execute, an amendment to this Agreement pursuant to Section 5.4 giving effect to such extension; , provided that in no event shall such amendment cause the Applicable Expiration Date to be extended beyond the date of the third first anniversary of the effective date of such amendment. The Rights Plan Committee, when reviewing this Agreement, shall have the power and authority to (x) retain at the expense of the Company its choice of legal counsel, investment bankers and other advisors, and (y) review all information of the Company and to consider all factors it deems relevant to any such review.