Amendment of Section 2(a). Section 2(a) of the Employment Agreement is amended to read in its entirety as follows:
Amendment of Section 2(a). The parties hereto agree to amend the Warrant to replace Section 2(a) in its entirety with the following:
Amendment of Section 2(a). Section 2(a) of the Note is hereby amended by deleting it in its entirety and substituting the following in its place:
Amendment of Section 2(a). The last paragraph of paragraph (a) of Section 2 (Grant of Security Interest) to the Security Agreement (MFN) is hereby amended by replacing such last paragraph in its entirety with the following paragraph: “Notwithstanding the foregoing, (A) the Collateral shall exclude those items of property which expressly comprise the Specified Securitization Transaction Collateral, but shall include all similar assets, properties and rights to the extent not specifically described in a Securitization Transaction Collateral Release Agreement, and (B) if any Specified Securitization Transaction Collateral (or any interest therein) that is released by the Secured Party pursuant to a Securitization Transaction Collateral Release Agreement is acquired or re-acquired by any Grantor at any time or from time to time after the effective date of such release (whether such effective date occurred prior to, on or after the date hereof), such Specified Securitization Transaction Collateral (or interest therein) shall become subject to the Secured Party’s security interest under this Agreement (and any other applicable Collateral Document) immediately upon such Grantor’s acquisition or re-acquisition of such Specified Securitization Transaction Collateral (or interest therein), regardless of the Secured Party’s prior release thereof.”
Amendment of Section 2(a). Section 2(a) of the Agreement is hereby amended in its entirety to provide as follows:
Amendment of Section 2(a). Section 2(a) of the Employment Agreement is hereby deleted in its entirety and the following is substituted in lieu thereof:
Amendment of Section 2(a). The first sentence of Section 2(a) of the Employment Agreement is hereby deleted in its entirety and the following is substituted in lieu thereof: Effective June 1, 2010, the Company shall pay the Executive a base salary at an annual rate of $1,250,000 (the “Base Salary”), payable in accordance with the normal payroll procedures of the Company in effect from time to time.
Amendment of Section 2(a). The definition of “Conversion Price” set forth in Section 2(a) of the Note is hereby amended to reduce the “Conversion Price” of the Note from $12.00 per share (as previously adjusted to reflect the Company’s one-for-fifteen reverse stock split on December 1, 2016) to $10.00 per share.
Amendment of Section 2(a). The first sentence of Section 2a of the Original Agreement is hereby deleted in its entirety and the following language inserted in place thereof:
Amendment of Section 2(a). The following text is hereby added to the end of Section 2(a) of the Co-Pack Agreement: “Notwithstanding any other provision of this Agreement, the license granted pursuant to this Section 2(a) and Seller’s and Buyer’s obligations under Section 2(b) shall terminate with respect to Equipment located at the Toledo Plant on or after the Toledo Plant Closing Date.”
