Amendment to ss. 8 OF THE CREDIT AGREEMENT. Section 8 of the Credit Agreement is hereby amended as follows:
Amendment to ss. 10 OF THE CREDIT AGREEMENT. Section 10 of the Credit Agreement is hereby amended as follows:
Amendment to ss. 11(e) of the Agreement. Section 11(e) of the Agreement is hereby amended by deleting Section 11(e) in its entirety and replacing it with the following:
Amendment to ss. 11(k) of the Agreement. Section 11(k) of the Agreement is hereby amended by deleting Section 11(k) in its entirety and replacing it with the following: "Coordination with Section 409A of the Code. Notwithstanding anything to the contrary set forth in this Section 11, in the event that the Executive is determined to be a "key employee" as defined by Section 416(i) of the Code (without regard to paragraph 5), to the extent necessary to comply with the provision of Section 409A of the Code, and the Treasury Regulations thereunder, any payments or distributions due the Executive under this Agreement as a result of or following any separation from service shall not be made before the date which is 6 months after the date of separation from service (or if earlier, the date of death of the Executive). All payments that would have been made to the Executive during such six (6) month period shall be made in a lump sum on the date six (6) months and two days after the Executive's date of separation from service and all remaining payments (if any) shall commence on the next regular payroll date in the seventh (7th) month following the Executive's date of separation from Service. Notwithstanding anything to the contrary contained in this Agreement, Executive's termination of employment shall occur only upon his "separation from service" within the meaning of Treasury Regulations Section 1.409A-1(h). For all purposes of Section 409A of the Code and the related Treasury Regulations, the Executive's entitlement to severance pay pursuant to this Agreement shall be treated as an entitlement to a series of separate payments. All payments and benefits provided under this Agreement are intended to either comply with or be exempt from Section 409A of the Code and the terms hereof shall be administered and construed accordingly, provided that nothing in this Agreement shall constitute an agreement not to withhold any sums required under Section 409A or to assume any liability for withholdings necessary under Section 409A."
Amendment to ss. 7 OF THE CREDIT AGREEMENT. Section 7.27 of the Credit Agreement is hereby amended by deleting ss.7.27 in its entirety and restating it as follows:
Amendment to ss. 8 of the Credit Agreement. Section 8.3 of the Credit Agreement is hereby amended by deleting ss.8.3 in its entirety and restating it as follows:
Amendment to ss. 2 of the Credit Agreement. Section 2 of the Credit Agreement is hereby amended as follows:
Amendment to ss. 15. Section 15 of the Credit Agreement is hereby amended by adding the phrase ", Purchases and Consignments, Segregated Precious Metals" immediately after the word "Loans" appearing in the eighth line thereof.
Amendment to ss. SS.2(b) AND (c). ss.ss.2(b) and (c) of the Stock Purchase Agreement are hereby amended in their entirety and restated as follows:
Amendment to ss. 4 OF THE CREDIT AGREEMENT.
