Common use of of the Merger Agreement Clause in Contracts

of the Merger Agreement. Section 5.3 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc)

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of the Merger Agreement. Section 5.3 3.8 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc)

of the Merger Agreement. Section 5.3 1.7 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc), Agreement and Plan of Merger (Foundry Networks Inc)

of the Merger Agreement. Section 5.3 2.25 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc), Agreement and Plan of Merger (Foundry Networks Inc)

of the Merger Agreement. Section 5.3 6.14 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc)

of the Merger Agreement. Section 5.3 5.1 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Brocade Communications Systems Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Foundry Networks Inc)

of the Merger Agreement. Section 5.3 5.10 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc)

of the Merger Agreement. Section 5.3 8.3(a) of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc)

of the Merger Agreement. Section 5.3 7.3 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Brocade Communications Systems Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Foundry Networks Inc)

of the Merger Agreement. Section 5.3 6.9 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc)

of the Merger Agreement. Section 5.3 5.12 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc)

of the Merger Agreement. Section 5.3 5.14 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc), Agreement and Plan of Merger (Foundry Networks Inc)

of the Merger Agreement. Section 5.3 3.5 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc), Agreement and Plan of Merger (Foundry Networks Inc)

of the Merger Agreement. Section 5.3 7.6 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc), Agreement and Plan of Merger (Foundry Networks Inc)

of the Merger Agreement. Section 5.3 2.26 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc), Agreement and Plan of Merger (Foundry Networks Inc)

of the Merger Agreement. Section 5.3 6.3 of the Merger Agreement shall be deleted and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (Brocade Communications Systems Inc)

of the Merger Agreement. Section 5.3 6.03 of the Merger Agreement shall be is hereby deleted and replaced in its entirety and replaced with the following:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Hammond Residential LLC), Agreement and Plan of Merger (Horseshoe Gaming LLC)

of the Merger Agreement. Section 5.3 1.09 of the Merger Agreement shall be is hereby deleted and replaced in its entirety and replaced with the following:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Hammond Residential LLC), Agreement and Plan of Merger (Horseshoe Gaming LLC)

of the Merger Agreement. Section 5.3 4.12 of the Merger Agreement shall be is hereby deleted and replaced in its entirety and replaced with the following:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Horseshoe Gaming LLC), Agreement and Plan of Merger (Hammond Residential LLC)

of the Merger Agreement. Section 5.3 2.4 of the Merger Agreement shall be is deleted and replaced in its entirety with and replaced by the following:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Investors Capital Holdings LTD), Agreement and Plan of Merger (RCS Capital Corp)

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of the Merger Agreement. Section 5.3 Sections 1.6 and 1.7 of the Merger Agreement shall be are hereby deleted and replaced in its their entirety with the following:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Acelrx Pharmaceuticals Inc), Agreement and Plan of Merger (Tetraphase Pharmaceuticals Inc)

of the Merger Agreement. Section 5.3 10.01(h) of the Merger Agreement shall be is hereby deleted and replaced in its entirety and replaced with the following:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Hammond Residential LLC), Agreement and Plan of Merger (Horseshoe Gaming LLC)

of the Merger Agreement. Section 5.3 2.1 of the Merger Agreement shall be is deleted and replaced in its entirety with and replaced by the following:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Investors Capital Holdings LTD), Agreement and Plan of Merger (RCS Capital Corp)

of the Merger Agreement. Section 5.3 6.12(c) of the Merger Agreement shall be is deleted and replaced in its entirety with and replaced by the following:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Investors Capital Holdings LTD), Agreement and Plan of Merger (RCS Capital Corp)

of the Merger Agreement. Section 5.3 6.2(a) of the Merger Agreement shall be is deleted and replaced in its entirety with the following:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (American Airlines Inc), Agreement and Plan of Merger (Us Airways Inc)

of the Merger Agreement. Section 5.3 4.23 of the Merger Agreement shall be deleted and replaced in its entirety and replaced with the following:

Appears in 1 contract

Samples: The Agreement and Plan of Merger (Uranerz Energy Corp.)

of the Merger Agreement. Section 5.3 4.1(a)(x) of the Merger Agreement shall be is hereby deleted and replaced in its entirety and replaced with the following:

Appears in 1 contract

Samples: Waiver and Consent (Document Security Systems Inc)

of the Merger Agreement. Section 5.3 7.9 of the Merger Agreement shall be deleted is hereby amended by deleting Section 7.9 of the Merger Agreement and replaced replacing it in its entirety with the following:: ​

Appears in 1 contract

Samples: Agreement and Plan of Merger (Evolv Technologies Holdings, Inc.)

of the Merger Agreement. Section 5.3 6.5 of the Merger Agreement shall be is hereby deleted and replaced in its entirety with the following:

Appears in 1 contract

Samples: Merger Agreement (RF Acquisition Corp.)

of the Merger Agreement. Section 5.3 7.13 of the Merger Agreement shall be deleted and replaced in its entirety and replaced with the following:

Appears in 1 contract

Samples: The Agreement and Plan of Merger (Uranerz Energy Corp.)

of the Merger Agreement. Section 5.3 8.01(z) of the Merger Agreement shall be deleted and replaced in its entirety with and shall be replaced by the following:

Appears in 1 contract

Samples: Letter Agreement (Wilsons the Leather Experts Inc)

of the Merger Agreement. Section 5.3 6.9(b) of the Merger Agreement shall be deleted and replaced in its entirety and replaced with the following:

Appears in 1 contract

Samples: Amendment and Waiver Agreement (Corgi International LTD)

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