Paragraph B. Product Purchases." The second to the last sentence of the first paragraph is amended and restated with the following two sentences: "GNC will use its best efforts to supply Rite Aid under this Agreement at a ship rate service level of not less than [*]% on purchase orders placed by Rite Aid for GNC Brand Product, calculated on a dollar value (dollars ordered versus dollars shipped). There will be no penalties to GNC, but on an annual basis for every percentage point or points (including fractional for less than full percentage points) the actual ship rate is below the [*]% ship rate service level, then the Minimum Purchase Requirements for that same period shall be reduced by the same percentage point or points (including fractional for less than full percentage points)."
Paragraph B of Article 3.1 of the February Agreement is amended to read as follows:
Paragraph B of Section 2.6 of the Agreement is hereby further amended to provide that the term "Effective Date" shall, for purposes of the transaction effected by the Securities Purchase Agreement, mean the date on which securities are first acquired by Xxxxxx X. Xxx Equity Fund IV, L.P. ("Xxx") pursuant to such agreement. Notwithstanding the foregoing, nothing herein shall in any manner adversely affect any of the Executive's other rights under the Agreement, including but not limited to rights triggered in connection with a "Change in Control" as defined in Section 2.6.b. of the Agreement in the event that incumbent directors cease for any reason to constitute a majority of the board, as provided for therein.
Paragraph B. (1) of Exhibit A to the Agreement is hereby amended to replace the reference in the first sentence thereof to the Employer’s 2008 fiscal year with references to each of the Employer’s 2008 and 2009 fiscal years.
Paragraph B of Section 2.2 of the Severance Agreement is amended and restated in its entirety to read as follows: “an amount equal to $919,000.”
Paragraph B of each of the Notes is deleted in its entirety and replaced with: The Loan together with any other obligations owing to Lender in accordance with this Note is secured by and repayable in full from receipt by Borrower of proceeds from the present and future accounts receivables due to Borrower.
Paragraph B. 2. All manufactured homes or those to be substantially improved shall conform to the following requirements:
Paragraph B of Section I of the Agreement is hereby deleted in its entirety and replaced with the following: “Operating Expense Limit. The operating expense limit with respect to the PL Floating Rate Income Fund shall be 0.15% through December 31, 2014 (the “Operating Expense Limit”), based on a percentage of the average daily net assets of the PL Floating Rate Income Fund for the period described in Section I.D. The Adviser may elect to lower the expense caps and/or extend the time period further by amending this Agreement.”
Paragraph B of Section 6.16 of the Agreement is amended to read as follows: "Net Worth in an amount not less than (i) for the fiscal quarters ending June 30, 1999 and September 30, 1999, $10,000,000 and (ii) for the fiscal quarter ending December 31, 1999, $10,000,000 plus an amount equal to 75% of Net Income for the 1999 fiscal year."
Paragraph B. 16.07 The first roster so prepared shall be subject to review and correction for a period of thirty (30) days, after which time it shall become the official seniority roster except as to corrections, if any, to be made through the elimination of inaccuracies presented before the end of the said thirty (30) day period, subject only to additions, removals and changes made between the date of the first such roster and the dates of any rosters prepared thereafter.
