Amendment to Section 3 of the Agreement Sample Clauses

Amendment to Section 3 of the Agreement. Effective as of January 1, 2009, Section of the Agreement is amended to delete the current table in the section and replace it as follows: Date of Contribution Amount of Contribution May 1, 2006 $ 400,000 May 1, 2007 $ 400,000 May 1, 2008 $ 400,000 May 1, 2009 $ 200,000 May 1, 2010 $ 200,000 May 1, 2011 $ 400,000
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Amendment to Section 3 of the Agreement. Insert the following new sub-section to Section 3 of the Agreement:
Amendment to Section 3 of the Agreement. Section 3(a) of the Agreement is amended to (i) change “$350,000.00” to “$250,000.00” and (ii) delete in its entirety the sentence that states “[e]xecutive’s base salary shall increase by 7% on April 1 of each year, based on the salary due to Executive in the year prior to each such increase.” Section 3(b) of the Agreement is amended to change “1.5%” to “0.00%”
Amendment to Section 3 of the Agreement. Section 3 is amended by the deletion of subparagraph (c) and the insertion of the following provision as subparagraph (c) thereof;
Amendment to Section 3 of the Agreement. Section 3 of the Agreement is hereby deleted in its entirety and Section 3 shall be amended and restated in its entirety to read as follows:
Amendment to Section 3 of the Agreement. Section 3 of the --------------------------------------- Agreement is hereby amended as of the date hereof by deleting the figure "FORTY MILLION DOLLARS ($40,000,000)" and substituting therefor the figure "FIFTY MILLION DOLLARS ($50,000,000)".
Amendment to Section 3 of the Agreement. CONSIDERATION
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Amendment to Section 3 of the Agreement. Section 3(a) is hereby amended to add the following sentence after the end thereof:
Amendment to Section 3 of the Agreement. Section 3 of the Agreement shall be amended to read as follows henceforth: "The provisions of the valid version of Section 302 of the German Stock Corporation Act shall apply analogously."
Amendment to Section 3 of the Agreement. Section 3 of the --------------------------------------- Agreement is hereby amended to delete the second paragraph thereof and to replace said second paragraph with the following: The Stock, up to the Maximum Amount, is to be sold during one or more pricing periods (each a "Pricing Period"), each Pricing Period consisting of five consecutive calendar days or such lesser number of days as shall be agreed to by the Company and the Agent. The Company and the Agent from time to time will designate Pricing Period(s) and the number of shares of Stock (not to exceed 30,000 shares) to be sold by the Agent during each such Pricing Period (the "Average Market Price Shares"). If the Company does not meet the exemptive provisions set forth in Rule 101(c)(1) of Regulation M of the Exchange Act, the number of Average Market Price Shares and any Additional Shares sold on any day in any Pricing Period shall not exceed 10% of the average daily trading volume of the Stock for the sixty days prior to such Pricing Period. Subject to the terms and conditions hereof, the Agent shall use its best efforts to (i) sell all of the designated Average Market Price Shares during each such Pricing Period, and (ii) sell the entire Maximum Amount. The Agent shall sell the shares of Stock only by means of ordinary brokers' transactions on the New York Stock Exchange (the "NYSE"). The Agent shall not solicit or arrange for the solicitation of customer's orders in anticipation of or in connection with such transactions, nor shall it sell short as principal shares of Stock of the Company except in connection with customary market making activities in the Company's outstanding securities. The Agent shall not engage in any special selling efforts or selling methods relating to the Stock within the meaning of Rule 100 of Regulation M of the Exchange Act. The Agent shall calculate on a weekly basis the average daily trading volume of the Stock. If either party has reason to believe that the exemptive provisions set forth in Rule 101(c)(1) of Regulation M of the Exchange Act are not satisfied, it shall notify the other party and sales of Stock under this Agreement shall be suspended until such time as the parties mutually agree to recommence sales hereunder. In addition, the Company or the Agent may, upon notice to the other party hereto by telephone (confirmed promptly by telecopy), suspend the offering of Stock; provided, however, that such suspension or termination shall -------- ------- not a...
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