Flipin Date

Flipin Date. The definition of "Flip-in Date" is hereby amended to add the following sentence to the end thereof: "Notwithstanding anything in this Agreement to the contrary, no Flip-in Date shall be deemed to have occurred by reason of (i) the approval, execution and/or delivery of any of the Merger Transaction Agreements or any amendment thereto, (ii) the Merger, (iii) the consummation of the Merger or any other transactions contemplated by the Merger Transaction Agreements, including but not limited to... the performance of the Shareholders Agreement, or (iv) the announcement of any of the Merger Transaction Agreements, the Merger or any other transactions contemplated by the Merger Transaction Agreements, including but not limited to the performance of the Shareholders Agreement, or the announcement of any consummation thereof." View More

Flipin Date. ; provided, however, that, notwithstanding anything in this Agreement to the contrary, a Flip-in Date shall be deemed not to have occurred solely as a result of (i) the approval, adoption, execution or delivery of the Merger Agreement, (ii) the approval, adoption, execution or delivery of the Voting Agreement, (iii) the consummation of the Merger or (iv) the consummation of any of the other transactions contemplated by the Merger... Agreement or the Voting Agreement View More