NMH INVESTMENT, LLC
TO the NMH INVESTMENT, LLC AMENDED AND RESTATED
2006 UNIT PLAN (the
), dated May 10, 2011, is hereby adopted and agreed to by the Management Committee of
NMH Investment, LLC, a Delaware
limited liability company (the Company
) by unanimous
written consent pursuant to Section 7(a)
of the Plan.
(a) Section 2 of the Plan is hereby amended by:
(i) adding the following definition of Class F Unit:
Class F Unit shall mean a Class F Unit as defined in the LLC
(ii) deleting the existing definition of Unit in its entirety and replacing it with
Unit shall mean a Preferred Unit, Class A Unit, Class B
Unit, Class C Unit, Class D Unit, Class E Unit or Class F Unit.
(b) Section 3 of the Plan is hereby deleted in its entirety and replaced with the
SECTION 3. Units Subject to the Plan.
The total number of Preferred Units which may be issued
under the Plan is 65,000, the total number of Class A Units which may be
issued under the Plan is 650,000, the total number of Class B Units
which may be issued under the Plan is 192,500, the total number of Class
C Units which may be issued under the Plan is 202,000, the total number
of Class D Units which may be issued under the Plan is 388,881, the
total number of Class E Units which may be issued under the Plan is
6,375 and the total number of Class F Units which may be issued is
5,396,388. Units that are subject to Awards which terminate or lapse
without any payment in respect thereof may be granted again under the
2. Ratification. All other paragraphs, provisions, and clauses in the Plan remain in
full force and effect as originally written.
3. Defined Terms. Certain capitalized terms not defined herein shall have the
meanings given to such terms in the Plan.
5. Governing Law; Binding Agreement
. The validity, construction, and effect of this
to the Plan shall be determined in accordance with the laws of the State of New York
applicable to contracts made and to be performed therein.
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