Amendment and Restatement of Section 4. Sections 4(b)(1) and (2) are hereby amended and restated as follows:
Amendment and Restatement of Section 4. 04. Section 4.04 of the Indenture is hereby amended and restated in its entirety as follows:
Amendment and Restatement of Section 4. 1(a)(i)(B). Section 4.1(a)(i)(B) of the Standstill Agreement is hereby amended and restated in its entirety to read as follows:
Amendment and Restatement of Section 4 of the Note shall be and it hereby is amended and restated to read in its entirety as follows:
Amendment and Restatement of Section 4. 20. Section 4.20 of the Merger Agreement is hereby amended and restated in its entirety to read as follows:
Amendment and Restatement of Section 4. The parties acknowledge and agree that Section 4 of the Employment Agreement shall be deleted in its entirety and replaced with the following:
Amendment and Restatement of Section 4. 17. Section 4.17 of the Contribution Agreement is hereby amended and restated in its entirety as follows:
Amendment and Restatement of Section 4. 6. The Agreement is hereby amended by deleting Section 4.6 in its entirety and inserting in lieu thereof the following: “
Amendment and Restatement of Section 4. 2. Section 4.2 of the Agreement is hereby deleted in its entirety and replaced with the following: “Performance Bonus. Provided that the Executive is employed by the Company on the date that such bonus is paid, Executive will be eligible to receive a discretionary cash performance bonus each fiscal year in an amount equal to 70% of the annual Base Salary paid to Executive for such fiscal year (the “Target Bonus Amount”). The payment of the Target Bonus Amount shall be subject to the Company’s and Executive’s achievement of goals to be established and presented to the Executive each fiscal year.”
Amendment and Restatement of Section 4. Section 4 of the Original Agreement is hereby amended and restated as follows:
