Amendment to Section 6(b). The first sentence of Section 6(b) is hereby amended to add the phrase “Subject to Section 9(b),” to the beginning of such sentence. The last sentence of Section 6(b) is hereby amended to add the phrase “, but in any event within the period required by Section 409A (as defined below), such that it qualifies as a “short-term deferral” within the meaning of Treasury Regulation Section 1.409A-1(b)(4)” to the end of such sentence.
Amendment to Section 6(b). Section 6(b) of the Warrant Agreement shall be deleted in its entirety and replaced with the following:
Amendment to Section 6(b). Section 6(B) of the License Agreement is hereby amended by deleting the first paragraph thereof and replacing such first paragraph with the following: [****].
Amendment to Section 6(b). The first sentence of Section 6(b) is hereby amended and restated to add the phrase “on or before March 15th of the calendar year following the calendar year to which an applicable Bonus relates” immediately prior to the phrase “in an amount based on the sole discretion of the Board of Directors.”
Amendment to Section 6(b). Section 6(b) of the Loan Agreement is hereby amended to add the following sentence at the end thereof: Borrower shall not be required to make a principal prepayment under this section with the proceeds of sale of Borrower’s Lipoa Point Property so long as the Net Non-Collateral Sale Proceeds of such sale are used by Borrower to terminate Borrower’s pension plans.
Amendment to Section 6(b). Section 6(b) of the Employment Agreement is hereby amended to add the following at the end thereof: “The amount of the Bonus for fiscal year 2012 (the “Bonus”) shall be no less than the Bonus for fiscal year 2009 and shall otherwise be consistent with the Bonus for fiscal year 2011 based on actual performance for 2012 as measured against the target performance for 2012 relative to the actual performance for 2011 as measured against the target performance for 2011. The Bonus for fiscal year 2013 (and any subsequent fiscal years) shall not be discretionary and shall be fixed at an amount equal to 50% of the average Bonus paid or accrued on behalf of Xx. Xxxxxxxx for the fiscal years of ARAMARK that ended in 2012, 2011 and 2010.”
Amendment to Section 6(b). Section 6(b) of the Agreement is hereby amended by replacing the first sentence of the section with the following sentence: “Company shall use Commercially Reasonable Efforts to achieve the first commercial sale of a Product within [***] from the Effective Date.”
Amendment to Section 6(b). (i). The first sentence of Section 6(b)(i) of the Investment Agreement is hereby amended by inserting the following language between “Except as otherwise expressly permitted or required by the Transaction Documents or otherwise consented to by Investor,” and “permitted by Section 6(k), contemplated by Section 6(p) or as set forth on Section 6(b) of the Disclosure Letter and subject to the terms and upon the conditions therein,” contemplated by that Lock-Up and Voting Agreement, dated August 31, 2009, by and among the Company and the other signatories thereto,
Amendment to Section 6(b). The first sentence of Section 6(b) of the Senior Management Agreement is hereby amended by inserting the phrase “and effective as of January 1, 2014” immediately after the phrase “During the Employment Period”.
Amendment to Section 6(b). In Section 6(b) of the Senior Management Agreement $375,000 is hereby deleted and replaced with $650,000.
