EX-2
from 8-K
1 page
Whereas, the Company, Parent and Purchaser (Collectively, the “Parties”) Are Parties to the Agreement and Plan of Merger, Dated as of May 16, 2001 (The “Agreement”). Capitalized Terms Used but Not Defined Herein Shall Have the Meanings Ascribed to Them in the Agreement; and Whereas, the Parties Have Determined That It Is in Each of Their Respective Best Interests to Amend the Agreement as Set Forth Herein. Now, Therefore, in Consideration of the Mutual Covenants Contained Herein and Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto Hereby Agree as Follows: Section 1. Receipt of Financing Letters. (A) Section 8.1(c)(i) of the Agreement Is Hereby Amended by Deleting the Reference to “Thirtieth (30th)” in the First Line Thereof and Replacing It With “Fortieth (40th)". (B) Section 8.1(d)(iv) of the Agreement Is Hereby Amended by Deleting the Reference to “Thirtieth (30th)” in the First Line Thereof and Replacing It With “Fortieth (40th)". Section 2. Commencement of Offer. (A) Section 8.1(b)(ii) of the Agreement Is Hereby Amended by Deleting the Reference to “Fortieth (40th)” in the First Line Thereof and Replacing It With “Fiftieth (50th)". (B) Section 8.1(d)(i) of the Agreement Is Hereby Amended by Deleting the Reference to “Fortieth (40th)” in the Third Line Thereof and Replacing It With “Fiftieth (50th)"
12/34/56