Amendment of Section 4.3. Section 4.3 of the Agreement is amended and restated to read in full as follows:
Amendment of Section 4.3. Section 4.3. of the Agreement is amended to change the maintenance fee from (***) to (***) in one instance and from (***) to (***) in the other instance to read in its entirety as follows:
Amendment of Section 4.3. Section 4.3 of the Investment Agreement is hereby amended by adding the following at the end thereof as a new Section 4.3(g): “For the avoidance of doubt, Section 9(b) of the Certificate of Designation permits the Investor to designate one or more persons to the Board of Directors in certain circumstances and Section 9(c) of the Certificate of Designation provides for the creation and maintenance of an Administrative Committee of the Board of Directors, each of which, is in addition to the rights in this Section 4.3, and shall in no way be construed to diminish, or be duplicative of, the rights herein.”
Amendment of Section 4.3. Section 4.3 of the Agreement is hereby amended by deleting existing Section 4.3 in its entirety and replacing it with the following:
Amendment of Section 4.3. Section 4.3 of the Indenture is hereby deleted in its entirety and is replaced with the following:
Amendment of Section 4.3. The Agreement is hereby amended by deleting Section 4.3 thereof in its entirety. *Confidential Treatment Requested. Omitted portions filed with the Commission.
Amendment of Section 4.3. Section 4.3 is hereby deleted in its entirety and replaced with the following: The chief financial officer of PIC and the Appointed Actuary shall each certify to LMIC that (i) the Run-Off Incurrals and the Net Incurrals specified in each Periodic Report have been established in a manner consistent with the Reserving Methodologies and (ii) the Periodic Report has been prepared in all respects in accordance with the terms and conditions of this Agreement.
Amendment of Section 4.3. Section 4.3(a)(ii) is deleted in its entirety and replaced with the following new Section 4.3(a)(ii): “(ii) The Tranche C Term Loan Commitments shall terminate at 5:00 p.m. (New York City time) on the First Amendment Effective Date.”.
Amendment of Section 4.3. To impose a deadline for delivery of the liability release that under section 4.3 is a condition to entitlement to severance benefits and to ensure that the terms for delivery of the liability release are consistent with Internal Revenue Code section 409A,
Amendment of Section 4.3. Section 4.3 of the Original Agreement is hereby amended by replacing the words “commission” or “Commission” with the words “earn-out” or “Earn-Out”, as the case may be. At the end of Section 4.3, the following sentence is hereby added: “Managing Director shall also be eligible for a commission under any corporate-wide Sales Commission Program which may be adopted in the future by LCC in its discretion.”
