Amendment to ss. 10 OF THE CREDIT AGREEMENT. Section 10 of the Credit Agreement is hereby amended as follows:
Amendment to ss. 8.4.1. Section 8.4.1 of the Credit Agreement is hereby amended and restated as follows:
Amendment to ss. 11(h) of the Agreement. Section 11(h) of the Agreement is hereby amended by deleting Section 11(h) in its entirety and replacing it with the following:
Amendment to ss. 11(f) of the Agreement. Section 11(f) of the Agreement is hereby amended by deleting Section 11(f) in its entirety and replacing it with the following: "Change of Control. Subject to the provisions of Sections 11(i) and 11(j), in the event that the Company shall terminate this Agreement and the Executive's employment hereunder pursuant to the provisions of Section 11(e) within thirteen (13) months following a Change in Control (as defined below) or the Executive shall terminate this Agreement and the Executive's employment hereunder for Good Reason (as defined in Section 11(h)) within thirteen (13) months following a Change in Control, then, in lieu of (and not in addition to) the amounts to be paid (and benefits to be provided) by the Company pursuant to Section 11(e) or Section 11(h), the Company shall have no further obligations under this Agreement to the Executive other than the obligation to: (i) pay to the Executive Base Salary earned, but not yet paid to the Executive, prior to the date of such termination in accordance with Section 3(a), (ii) reimburse the Executive for any accrued vacation and unpaid expenses incurred by the Executive through the date of termination in accordance with Section 5, and pay any Accrued Bonus Payments and (iii) subject to the provisions of Sections 11(i) and 11(j), pay to the Executive a lump sum amount equal to the product of (1) the Executive's Base Salary then in effect and (2) a fraction, the numerator of which is the number of days remaining from the date the termination occurred through the end of the Employment Term, but, subject to the provisions of Section 11(j), in no event less than 912, and the denominator of which is 365. In addition, for the twelve (12) month period following the date of such termination, the Executive shall be entitled to continue to receive his then current health, life and disability insurance benefits or, in the case of health insurance benefits, payment by the Company of applicable "COBRA" payments. Such lump sum payment set forth above shall be made no later than 75 days after the date of termination hereunder, the exact payment date to be determined by the Company in its sole discretion, provided that the Executive timely complies with Section 11(i) and has not subsequently revoked such release thereunder.
Amendment to ss. 8 of the Credit Agreement. Section 8 of the Credit Agreement is hereby amended by deleting ss.ss.8.1 and 8.3 in their entirety and substituting in place thereof the following new ss.ss.8.1 and 8.3:
Amendment to ss. 8.4.2. Section 8.4.2 of the Credit Agreement is hereby amended and restated as follows:
Amendment to ss. 12.2 of the Credit Agreement. The Credit Agreement is hereby amended by deleting the text of ss.12.2 in its entirety and substituting in lieu thereof the following new ss.12.2:
Amendment to ss. 12.2. Section 12.2 of the Credit Agreement is hereby amended by adding the phrase ", Purchases and Consignments, the outstanding amount of Segregated Precious Metals" immediately after the word "Loans" appearing in the fourth and tenth lines thereof.
Amendment to ss. SS.2(b) AND (c). ss.ss.2(b) and (c) of the Stock Purchase Agreement are hereby amended in their entirety and restated as follows:
Amendment to ss. 4 OF THE CREDIT AGREEMENT.
