Amendment of Section 6(b) Sample Clauses

Amendment of Section 6(b). The fourth and fifth sentences of ------------------------- Section 6(b) of the Stock Rights Agreement are hereby deleted and replaced and superseded in their entirety with the following sentence: "Notwithstanding any other provision of this Section 6, if the managing underwriter advises in writing the Company and the Stockholder that marketing factors require a limitation of the number of shares of common stock to be underwritten and sold in such offering, the managing underwriter may exclude some or all of the shares of common stock to be sold in such offering from such registration, and the shares to be included in such registration shall be allocated pro rata among the holders of --- ---- shares participating in the offering pursuant to registration rights granted by the Company (including demand and piggyback registration rights), based on the number of shares of common stock requested to be included by each holder in such registration."
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Amendment of Section 6(b). The first sentence of Section 6(b) of the Original Option Agreement shall be amended to read, in its entirety, as follows: “If the Company or any of its subsidiaries is required to withhold on account of any present or future tax imposed as a result of such exercise pursuant to Section 6(a), the purchase price shall be accompanied by payment of the amount of such withholding pursuant to this Section 6.”
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Amendment of Section 6(b). Section 6B of the Note Agreement is amended and restated to read in its entirety as follows:
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Amendment of Section 6(b). The penultimate sentence of Section 6(b) of the Stockholders Agreement is hereby amended and restated to read as follows: “Therefore, should legal proceedings have to be brought by the Company against a Stockholder to enforce this Agreement, the period of restriction under Section 6(a) shall be deemed to begin running on the date of entry of the court order granting the Company preliminary injunctive relief and shall continue uninterrupted for the succeeding one (1) year.”
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Amendment of Section 6(b). Section 6(b) of the Employment Agreement is amended to read in its entirety as follows:
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Amendment of Section 6(b). Section 6(B) is hereby deleted and replaced with the following to read as follows: (1) Subject to Section 6.B(2), if applicable, during the Term, if the Company has given notice of non-renewal, the Executive shall be considered to have incurred an involuntary termination of employment as of the last day of the Term (the “Termination Date”) and shall be entitled to receive only the following severance payments and benefits: (a) the Company shall pay the Executive the lesser of (i) his then-existing Base Salary or (ii) two (2) times the annual limit under Code Section 401(a)(17) for the year of termination, in the form of periodic installments on the Company’s regular pay schedule, for one (1) year commencing with the day following the Termination Date; (b) to the extent the Executive’s Base Salary exceeds two (2) times the annual limit under Code Section 401(a)(17) for the year of termination, such excess amount shall be paid in a lump sum severance payment in the year following the year of the Termination Date, but no later than March 15 of such year; (c) the Company shall continue the Executive’s benefits enumerated in Section 3.E(1) (to the extent permitted by the Company’s insurance carriers and by the terms of the applicable plans) for one (1) year commencing with the day following the Termination Date; and (d) notwithstanding any provisions of the plan, equity award agreement or stock option agreement pursuant to which any equity awards or stock options were granted, (i) any unvested equity awards or stock options that would have vested during the six (6) months following the Termination Date shall vest of such Termination Date, and the Executive shall be entitled to exercise any of the Executive’s equity awards or stock options vested as of the Termination Date until ninety (90) days from the Termination Date or the expiration of the stated period of the equity award or option, whichever period is the shorter; provided, however, that the obligations described in (a), (b) and (c) above shall be mitigated by earned income and benefits actually received by or for the account of the Executive from alternative employment during the one (1) year period following the Termination Date. (2) Payments in respect of Base Salary pursuant to Section 6.B(1) that constitute deferred compensation, within the meaning of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”) shall be subject to the distribution requirements of Code Section 409A(a)(2...
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Related to Amendment of Section 6(b)

  • Amendment of Section 6 14. Section 6.14 of the Credit Agreement is amended to read as follows:

  • Amendment of Section 4 4. Pursuant to Section 9.2 of the Indenture, Section 4.4(b) of the Indenture is hereby amended and restated in its entirety to read as follows:

  • Amendment of Section 7 2.10(f). Clause (iii) of Section 7.2.10(f) of the Credit Agreement is hereby amended and restated in its entirety to the following:

  • Amendment of Section 3 Section 3 of the Employment Agreement is hereby deleted in its entirety and replaced with the following: Term. Unless otherwise terminated in accordance with Sections 8, 9, 10 or 11, the Employment Term shall be for a term ending April 30, 2015. This Agreement shall be automatically renewed for successive additional Employment Terms of one (1) year each unless notice of termination is given in writing by either party to the other party at least thirty (30) days prior to the expiration of the initial Employment Term or any renewal Employment Term.

  • Amendment of Section 2 9. Section 2.9 of the Agreement is hereby amended to read as follows:

  • Amendment of Section 5 02. The third paragraph following Section 5.02(a)(vi) is hereby replaced in its entirety with the following: On each Distribution Date, the Trustee, subject to Section 5.01, shall distribute to the Holders of the Class SES Certificates, any Ancillary Income, which shall be treated as paid outside the Lower-Tier REMIC and the Upper-Tier REMIC.

  • Amendment of Section 8 15(b). Section 8.15(b) of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendment of Section 10 1. Section 10.1 of the Note Agreement is amended to read in its entirety as follows:

  • Amendment of Section 1 Section 1 of the Rights Agreement is supplemented to add the following definitions in the appropriate locations:

  • Amendment of Section 9 05. In respect of the 2018 Notes only, the provisions of Section 9.05 of the Indenture are amended by deleting the text of such Section in its entirety and inserting in lieu thereof the phrase “[intentionally omitted]”. Such provisions shall be deemed not to have been deleted in respect of the 2021 Notes.

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