Addition of New Section. 36. The Rights Agreement is amended by adding a new Section 36 thereto, which shall read as follows:
Addition of New Section. The following section is hereby added to the Rights Agreement as Section 5.20:
Addition of New Section. CONFIDENTIALITY OF TRUST PORTFOLIO HOLDINGS The Subadviser agrees to treat Trust portfolio holdings as confidential information, except as required by law, regulation or company bylaw, in accordance with the Trust’s “Policy Regarding Disclosure of Portfolio Holdings,” as such policy may be amended from time to time, and to prohibit its employees from trading on any such confidential information.
Addition of New Section. The following Section (g) shall be added to the end of Section 6 of the Employment Agreement:
Addition of New Section. 2.9 to the Agreement. Article II of the Agreement is hereby amended by inserting the following new Section 2.9 after Section 2.8:
Addition of New Section. 10.7. A new Section 10.7 is hereby added to read in its entirety as follows:
Addition of New Section. 35. A new Section 35 is hereby added reading in its entirety as follows: “Section 35.
Addition of New Section. 4. The Agreement is hereby amended to add a new Section 4 to read in its entirety as follows:
Addition of New Section. 36. A new Section 36 is hereby added reading in its entirety as follows: “This Agreement and the Rights established hereby will terminate in all respects immediately prior to the Effective Time (as defined in the Merger Agreement). The Company hereby agrees to promptly notify the Rights Agent, in writing, upon the occurrence of the Effective Time (as defined in the Merger Agreement), which notice shall specify (i) that the Effective Time (as defined in the Merger Agreement) has occurred, and (ii) the date upon which this Agreement and the Rights established hereby were terminated.”
