Amendment of Section 1 of the Agreement. Paragraph (w) of Section 1 of the Agreement is hereby amended and restated in its entirety as follows:
Amendment of Section 1 of the Agreement. Effective January 7, 2011, Section 1 of the Agreement is hereby amended by revising the second paragraph thereof to read as follows: “The term of Executive’s employment by the Company pursuant to this Fourth Amendment to the Agreement shall commence on January 7, 2011 (“Commencement Date”) and shall end on the day prior to the first anniversary of the Commencement Date, unless sooner terminated under the provisions of Paragraph 4 below (“Employment Term”); provided, however, that commencing on the first anniversary of the Commencement Date the Employment Term shall be automatically extended for an additional period of one year unless, not later than 90 days prior to such automatic extension date, either party shall have given notice to the other that it does not wish to extend the Employment Term, in which case the Employment Term shall end on the day prior to the third anniversary of the Commencement Date; and on each anniversary thereafter the Employment Term shall be automatically extended for an additional period of one year unless, not later than 90 days prior to such automatic extension date, either party shall have given notice to the other that it does not wish to extend the Employment Term, in which case the Employment Term shall end 90 days following such notice.”
Amendment of Section 1 of the Agreement. Section 1 of the Agreement is hereby amended by deleting “for a period of three (3) years thereafter” and inserting “through November 30, 2012.”
Amendment of Section 1 of the Agreement. Section 1 of the Agreement is hereby amended and supplemented by adding the following definitions in the appropriate locations:
Amendment of Section 1 of the Agreement. The Parties hereby amend the Agreement by deleting Section 1 in its entirety and replacing it with the following:
Amendment of Section 1 of the Agreement. The Agreement is hereby amended by deleting Section 1(i) thereof.
Amendment of Section 1 of the Agreement. Section 1 of the Agreement is hereby amended by adding the following sentence to the definition of "Affiliate": "It is understood that Capitol Bankers (to be known as LTCAmerica Insurance Company) is an affiliate of the Borrower.
Section 1 of the Agreement is further amended by adding a definition for "Windsor Investment" as follows:
Amendment of Section 1 of the Agreement. Section 1(a) of this Agreement is hereby amended and modified by inserting the following as the third and fourth paragraphs of that section: Notwithstanding the foregoing, neither (i) Blackacre SMC Master Holdings, LLC, Blackacre SMC II Holdings, LLC or any of their respective Affiliates or successors (collectively, the "Blackacre Members") nor (ii) Xxxxxxxxx Xxxxxxx Holdings, L.L.C., Xxxxxxxxx Xxxxxxx Co-Holdings, L.L.C. or any of their respective Affiliates or successors (collectively, the "Xxxxxxxxx Members" and, with the Blackacre Members, the "Series C Preferred Stockholders") shall become or be deemed to become an Acquiring Person as a result of the issuance to them of shares of the Series 2000-C Convertible Preferred Stock, par value $.01 per share, of the Company (the "Series C Preferred Stock") or of any shares of Common Stock of the Company received by such Series C Preferred Stockholders upon the conversion of any such shares of Series C Preferred Stock. Notwithstanding anything in Section 1(e) to the contrary, the formation or existence of a Group consisting of, or the entering into or existence of any other agreement, arrangement or understanding between, one or more of the Blackacre Members and one or more of the Xxxxxxxxx Members shall not cause (i) any of the Blackacre Members to be or be deemed to be the Beneficial Owner of shares of Common Stock of the Company which are Beneficially Owned by any of the Xxxxxxxxx Members or (ii) any of the Xxxxxxxxx Members to be or be deemed to be the Beneficial Owner of shares of Common Stock of the Company which are Beneficially Owned by any of the Blackacre Members.
Amendment of Section 1 of the Agreement. Section 1 of the Agreement is hereby amended by deleting “November 30, 2012” and inserting “November 30, 2015”.
Amendment of Section 1 of the Agreement. Section 1(a) of the Agreement is hereby amended and modified by deleting the period at the end of the second paragraph of that section and replacing it with the following: ; and PROVIDED FURTHER that (A) none of (i) Xxxxxxxxx Xxxxxxx Holdings and Xxxxxxxxx Xxxxxxx Co-Holdings, (ii) Blackacre SMC Master Holdings, (iii) Xxx X. Xxxxxxxxxxxxx, Schottenstein Stores Corporation, Jubilee Limited Partnership, Jubilee Limited Partnership III, Schottenstein Professional Asset Management Corp., Xxxxxxx Xxxxxx and Xxxxx Xxxxxx (the "Members of the SA Group") and (iv) Xxxxxx Xxxxxxx Xxxx Xxxxxx & Co. (the Persons referred to in clauses (i), (ii), (iii) and (iv) above being collectively referred to as the "19.9% Persons") shall be deemed to be an Acquiring Person provided that such 19.9% Person is not the Beneficial Owner of more than 19.9% of the shares of Common Stock of the Company then outstanding, (B) the percentages of 10% set forth in this paragraph shall instead be deemed to be 19.9% with respect to each 19.9% Person, and (C) if any of the 19.9% Persons was a Grandfathered Person on September 10, 2000, the Grandfathered Percentage for such 19.9% Person on such date shall be deemed to be 19.9% for all purposes of this Agreement. For the purposes of making any calculation pursuant to this Agreement, Xxxxxxxxx Xxxxxxx Holdings and Xxxxxxxxx Xxxxxxx Co-Holdings shall each be deemed to Beneficially Own the shares of Common Stock of the Company Beneficially Owned by the other, and each Member of the SA Group shall be deemed to Beneficially Own the shares of Common Stock of the Company Beneficially Owned by one or more of the other Members of the SA Group.
