Amendments to the Original Agreement. Subject to the terms and conditions of this Amendment, the Original Agreement is hereby amended and supplemented as follows:
Amendments to the Original Agreement. Section 8.02(a) of the Original Agreement is hereby deleted and replaced in its entirety to read as follows:
Amendments to the Original Agreement. As of the Effective Date (defined below), the Original Agreement is hereby amended or modified as follows:
Amendments to the Original Agreement. The parties hereby agree to the following amendments to the Original Agreement:
Amendments to the Original Agreement. (a) Section 1.4 “
Amendments to the Original Agreement. Notwithstanding anything to the contrary in the Original Agreement, the Parties hereto agree that the following terms shall apply effective immediately as of the date on which Seller becomes an affiliate of Sunrise Coal, LLC. In the case of any conflicts between the foregoing and the terms of the Original Agreement, the provisions of this Section 1 shall govern.
Amendments to the Original Agreement. The parties agree that the ------------------------------------ Original Agreement shall be amended as follows:
Amendments to the Original Agreement. 2.1 Schedule A to the Original Agreement shall be amended as set forth on Appendix 1.
Amendments to the Original Agreement. As of the Effective Date, the following is hereby added immediately following the “;” at the end of clause (C) of each of Sections 5(a)(ii) and 5(a)(iii) of the Original Agreement: provided that if Executive’s target bonus for such year has not been set at the time Executive’s employment is so terminated, the amount of Executive’s target bonus for the immediately preceding year shall be deemed to be the target bonus for the year in which Executive’s employment is so terminated; provided further, that if Executive has not been paid Executive’s bonus for the immediately preceding year at the time Executive’s employment is so terminated solely because Executive’s employment is terminated before the date on which such bonus otherwise would be paid, Executive shall also receive a payment equal to 100% of Executive’s target bonus for such preceding year;
Amendments to the Original Agreement. (a)The parties hereby amend and restate the first sentence of Section 2.1(b)(i) of the Original Agreement as follows: “At the Effective Time, by virtue of the Merger and without any action on the part of any holder thereof (but subject to adjustment in accordance with the provisions of Section 2.1(b)(vi)), each Company Common Unit (other than Excluded Common Units and Company Common Units issued pursuant to Section 2.1(a)) that is issued and outstanding immediately prior to the Effective Time shall be converted in to the right to receive 1.2000 (the “Exchange Ratio”) validly issued, fully paid and nonassessable Parent Shares (as adjusted by Section 2.1(b)(vi), the “Merger Consideration”) to be transferred by Holdings pursuant to the Merger and this Agreement.”
