Paragraph V. 8.(d) is hereby deleted in its entirety, and the following substituted therefor:
Paragraph V. In the last grammatical paragraph of the section at the end of the first sentence after "not yet been made", insert ", provided that interest shall not accrue on Production Cost items until actually paid."
Paragraph V. 13. Is hereby deleted in its entirety, and the following substituted therefor: "Not declare or pay any dividend or distribution either in cash, stock or any other property on Borrower's stock now or hereafter outstanding, nor redeem, retire, repurchase or otherwise acquire any shares of any class of Borrower's stock now or hereafter outstanding, except that Borrower may repurchase up to 350,000 shares of Borrower's common stock not to exceed $10,000,000.00 in aggregate purchase price."
Paragraph V. A. The first sentence of the this paragraph is amended by deleting the words "...through the first five years of the Program" and replacing them with the words "...until July 31, 2005." The third sentence of this paragraph is deleted in its entirety and a new sentence will be added, as follows..."This agreement shall automatically renew thereafter annually unless either party gives a 180 day written notice prior to the end of a contract period." A one year transition period will begin at the time of the termination notice. If it is necessary for Lifemark to provide administrative services after the contract period, Lifemark will bill xxx Plan at a rate of "Cost" plus [ ]* for the remainder of the transition period. COMMUNITY CHOICE MICHIGAN LIFEMARK CORPORATION /s/ Cathxxxxx Xxxx /s/ Rick Xxxxxxx -------------------------------- ----------------------------------- Cathxxxxx Xxxx, Xxesident Rick Xxxxxxx, Xxecutive Vice President -------------------------------- ----------------------------------- Date Date *Confidential Treatment Requested
