Common use of Alternative Structure Clause in Contracts

Alternative Structure. Notwithstanding anything to the contrary in this Agreement or the Confidentiality Agreement, before the Effective Time, Parent may revise the structure of the Merger or otherwise revise the method of effecting the Merger and the transactions contemplated hereby, provided that (a) such revision does not alter or change the kind or amount of consideration to be delivered to shareholders of the Company, (b) such revision does not adversely affect the tax consequences to the shareholders of the Company, (c) such revised structure or method is reasonably capable of consummation without significant delay in relation to the structure contemplated herein and (d) such revision does not otherwise cause any of the conditions set forth in Article 7 not to be capable of being fulfilled (unless duly waived by the party entitled to the benefits thereof). This Agreement and any related documents will be appropriately amended in order to reflect any such revised structure or method.

Alternative Structure. Notwithstanding anything to the contrary contained in this Agreement or the Confidentiality Agreement, before the Effective Time, Parent Acquiror may revise the structure of the Merger or otherwise revise the method of effecting the Merger and the transactions contemplated hereby, related transactions; provided that (a1) such revision does not alter or change the kind or amount of consideration to be delivered to the shareholders of the CompanyCompany and the holders of Company Stock Options, (b2) such revision does not adversely affect the tax consequences to the shareholders of the Company, (c3) such revised structure or method is reasonably capable of consummation without significant delay in relation to the structure contemplated herein herein, and (d4) such revision does not otherwise cause any of the conditions set forth in Article 7 VII not to be capable of being fulfilled (unless duly waived by the party entitled to the benefits thereof). This Agreement and any related documents will be appropriately amended in order to reflect any such revised structure or method.

Alternative Structure. Notwithstanding anything to the contrary contained in this Agreement or the Confidentiality Agreement, before the Effective Time, Parent Zions may revise the structure of the Merger or otherwise revise the method of effecting the Merger and the transactions contemplated herebyrelated transactions, provided that (a1) such revision does not alter or change the kind or amount of consideration to be delivered to the shareholders of Amegy and the Companyholders of Amegy Stock Options, (b2) such revision does not adversely affect the tax consequences to the shareholders of the CompanyAmegy, (c3) such revised structure or method is reasonably capable of consummation without significant delay in relation to the structure contemplated herein herein, and (d4) such revision does not otherwise cause any of the conditions set forth in Article 7 VII not to be capable of being fulfilled (unless duly waived by the party entitled to the benefits thereof). This Agreement and any related documents will be appropriately amended in order to reflect any such revised structure or method.