Fixed Term Contract 1.1 The Customer shall use the following applicable Service Plan for the period specified in the Sales and Services Agreement (“Term”). The Term shall start from the service effective date.
Amendment to Section 1.1 Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in the appropriate alphabetical order therein:
Amendment to Section 12 Section 12 of the Agreement is hereby amended as follows:
Amendment to Section 6 11. Section 6.11 is hereby amended in its entirety to read as follows:
EFFECTIVE DATE; TERM OF AGREEMENT This Agreement shall become effective as of January 29, 2010 (the “Effective Date”). Upon effectiveness of this Agreement on the Effective Date, the Employment Agreement between the Company and the Executive dated as of January 28, 2007 (as amended, the “Prior Agreement”) shall terminate and be of no further force and effect. Subject to earlier termination as provided herein, Executive’s employment hereunder shall continue on the terms provided herein until January 28, 2012 (the “End Date”). The period of Executive’s employment by the Company from and after the Effective Date, whether under this Agreement or otherwise, is referred to in this Agreement as the “Employment Period,” it being understood that nothing in this Agreement shall be construed as entitling Executive to continuation of his employment beyond the End Date and that any such continuation shall be subject to the agreement of the parties. This Agreement is intended to comply with the applicable requirements of Section 409A and shall be construed accordingly.
Amendment to Section 4 07. Section 4.07 of the Indenture is hereby amended and restated in its entirety to read as follows:
Amendment to Section 1 Section 1 of the Agreement is hereby amended to read in its entirety as follows:
Amendment to Section 10 17. Section 10.17 of the Credit Agreement is amended and restated to read in its entirety as follows:
Amendment to Section 3 4. Section 3.4 of the Note is amended to read in its entirety as follows:
Amendment to Section 1.01 Section 1.01 of the Credit Agreement is hereby amended as follows: