This Amendment shall automatically terminate and cease to be effective upon the earlier of (a) the termination of the Merger Agreement and (b) 5:00 p.m., New York City time, on August 10, 2016 (or November 10, 2016 in the event that the Termination Date (as defined in the Merger Agreement) is extended pursuant to Section 10.2(a) of the Merger Agreement), in each case if the Closing Date (as defined in the Merger Agreement) shall not have occurred on or prior to such time.