Amendment to Section 4 of the Agreement. Section 4 of the Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 4 of the Agreement. The first sentence of Section 4 of the Agreement shall be amended to read in its entirety as follows: "Each fiscal year during the Employment Term, Executive shall be eligible to earn an annual bonus award (an "Annual Bonus"), the target of which will be ninety percent (90%) of Executive's Base Salary (the "Target Annual Bonus") based upon the achievement of objectives established by the Compensation Committee of the Board of Directors of TRW Automotive Holdings Corp. annually for defined measures of EBITDAP and cash flow. In addition, twenty percent of the Target Annual Bonus will be based on additional factors determined to be relevant by the Compensation Committee, which may include industry-specific and general economic conditions as well as strategic factors."
Amendment to Section 4 of the Agreement. Section 4 of the Agreement is hereby amended by adding new sentences at the end of Section 4 as follows: “Notwithstanding anything to the contrary under this Agreement, during the Term and in perpetuity thereafter, Licensee shall not operate any Standalone Studio branded with or operated under the Kiddie Kandids name or any derivative name or substantially similar name to Kiddie Kandids in third party hosted locations, including without limitation in any store branded as or under common control with stores branded as Sears, Walmart, K-Mart, Target, Buy Buy Baby, Baby Depot or Burlington Coat Factory. For the avoidance of doubt, nothing herein shall restrict Licensee’s ability to operate Standalone Studios under the Kiddie Kandids name in non-hosted venues including, without limitation, malls, shopping centers or freestanding locations; provided, however, that Licensee shall not open any new standalone Kiddie Kandids studio on or after the Closing Date that is located less than or equal to [***] miles from any Department. This paragraph shall survive expiration or earlier termination of this Agreement.”
Amendment to Section 4 of the Agreement. The following sentence is hereby added to the end of Section 4 to read as follows: “Notwithstanding the foregoing, the Director shall not be deemed to have a termination of service for purposes of this Agreement unless the Director has a “separation from service” within the meaning of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”) and the regulations promulgated thereunder.”
Amendment to Section 4 of the Agreement. Section 4 is hereby deleted in its entirety and replaced with the following:
Amendment to Section 4 of the Agreement. The [second from] last sentence of Section 4 of the Agreement is amended in its entirety, effective January 1, 2009, to read as follows: “Any Annual Bonus declared by the Company shall be paid to Executive in the calendar year following the year to which it relates, as soon as administratively practicable following the determination of the Annual Bonus, but in no event later than March 15th of the calendar year following the year to which the Annual Bonus relates.”
Amendment to Section 4 of the Agreement. Section 4 of the Agreement shall be deleted in its entirety and replaced with the following: The initial term of Employee’s employment ends on June 30, 2023 (the “Initial Term”). On June 30, 2023, and on each subsequent anniversary thereafter, the term of Employee’s employment under this Agreement shall automatically renew and extend for a period of twelve (12) months (each such 12-month period being a “Renewal Term”) unless written notice of non-renewal is delivered by either party to the other not less than sixty (60) days prior to the expiration of the then-existing Initial Term or Renewal Term, as applicable. Notwithstanding any other provision of this Agreement, Employee’s employment pursuant to this Agreement may be terminated at any time in accordance with Section 5. The period from the Effective Date through the expiration of this Agreement or, if sooner, the termination of Employee’s employment pursuant to this Agreement, regardless of the time or reason for such termination, shall be referred to herein as the “Employment Period.”
Amendment to Section 4 of the Agreement. Paragraph 4.A. of the Agreement is replaced in its entirety by the following text: “Terms: FOB shipper (or origin), freight, handling, and all other charges, costs, and fees paid by Supplier. No additional charges, costs, and fees to the Distributor apply.”
Amendment to Section 4 of the Agreement. Section 4 of the Agreement, as 3 amended by the First Amendment, is amended as follows:
Amendment to Section 4 of the Agreement. Sections 4A, 4B, 4C, 4D and 4E of the Agreement are hereby amended to read in their entirety as follows; and new Sections 4F, 4G and 4H are hereby added to the Agreement to read in their entirety as follows:
