W I T N E S S E T
the Company desires to amend the Plan to comply with certain provisions of the
final regulations under Section 409A of the Code (“Section 409A”).
THEREFORE, in consideration of the premises and other good and valuable
consideration, the Plan is hereby amended as follows:
Plan is hereby amended to clarify that all payments will be made no later than
March 15 following the end of the Plan Year and to delete the following clause
in each place it appears in the Plan:
later, when the annual audited financial statements are finalized.”
10 is hereby amended to add the following as a new subsection I.:
“I. SECTION 409A. This
Plan will be construed and administered to preserve the exemption from Section
409A of payments that qualify as short-term deferrals pursuant to Treas. Reg.
as expressly provided herein, the Plan shall remain in full force and
WITNESS WHEREOF, the Company has executed this Amendment as of the date first