Amendment to Section 5(a). As of the Effective Date, Section 5(a) of the Consulting Agreement shall be deleted in its entirety and replaced with the following:
Amendment to Section 5(a). Section 5(a) of the Employment Agreement shall be deleted in its entirety and replaced with the following:
Amendment to Section 5(a). Section 5.a of the Existing Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 5(a). Section 5(a) shall be deemed to have been deleted and the following section shall be deemed to have been inserted in its place:
Amendment to Section 5(a). The second sentence of Section 5(a) is hereby amended and restated as follows: “This Agreement shall commence on the date hereof and remain in effect, unless this Agreement is terminated by either party hereto, or extended by the written agreement of both parties hereto, until December 31, 2003.”
Amendment to Section 5(a). The introductory language to Section 5(a)(A) shall be replaced in its entirety with the following:
Amendment to Section 5(a). Section 5(a) of the Agreement is hereby amended by deleting the reference to “by the Proposal Deadline” and inserting in lieu thereof a reference to “during the Proposal Period”.
Amendment to Section 5(a). Section 5(a) is hereby amended by adding the following sentence immediately after the penultimate sentence of such section: “Notwithstanding the foregoing, in the event that the 162(m) Conditions exist, the formula for calculating the prorated ICP award for the calendar year of Termination set forth in the immediately preceding sentence shall be replaced by a reference to Executive’s Adjusted Prior Year ICP Standard, which shall be subject to the same terms and conditions regarding proration and timing of payment as set forth in the immediately preceding sentence.”
Amendment to Section 5(a). Section 5(a) of the Employment Agreement shall, as of the date of this Amendment, be null and void and of no further force and effect and shall be amended by deleting it in its entirety and replacing it with the following: “Intentionally omitted.”
Amendment to Section 5(a). Section 5(a) of the Agreement is hereby amended by deleting the words “If the Purchase Option is not exercised by Executive pursuant to Section 4 on or prior to, and expires on, the Option Expiration Date, then, upon the occurrence of any of the events set forth in Section 4(a),” and replacing them with the following: “Following the third anniversary of the date of this Agreement, if (i) there is a Change of Control, (ii) Executive is terminated by Company without Cause or (iii) Executive resigns from his employment with Company for Good Reason,”
