Amendment to EES Agreement Sample Clauses
Amendment to EES Agreement. The Blaze Agreement is hereby amended in the following respects:
a. Paragraph 1 of the EES Agreement is amended to change ▇▇▇▇▇▇▇’▇ title to Vice President of Finance.
b. Exhibit A of the EES Agreement is amended to change ▇▇▇▇▇▇▇’▇ “Initial Base Salary” to $165,000, subject to Paragraph 3 below.
c. Exhibit A of the EES Agreement is amended to change ▇▇▇▇▇▇▇’▇ “Change of Control Bonus” to provide that, in the event EES merges into Blaze, (i) he shall be entitled to the “Change of Control Bonus” in Blaze shares if a change of control occurs in Blaze under the same circumstances that a change of control is defined for EES in the EES Agreement, and (ii) the number of Blaze shares issuable under the Change of Control Bonus will be equal to that number of Blaze shares that ▇▇▇▇▇▇▇ would have received if he had received the Change of Control Bonus in EES shares immediately prior to its merger with Blaze.
d. Exhibit A of the EES Agreement is amended to change ▇▇▇▇▇▇▇’▇ “Share Price Bonus” to provide that, in the event EES merges into Blaze, (i) the “average stock price” benchmark in Blaze stock following the merger shall be the average stock price as stated in the EES Agreement (as adjusted for stock splits) divided by the closing price of EES stock on the day prior to the merger times the closing price of Blaze stock on the day prior to the merger, and (ii) the number of Blaze shares issuable under the Share Price Bonus will be equal to that number of Blaze shares that ▇▇▇▇▇▇▇ would have received if he had received the Share Price Bonus in EES shares immediately prior to its merger with Blaze.
e. Exhibit A to the EES Agreement is amended to provide in “Officer Benefits” that ▇▇▇▇▇▇▇ will be entitled to participate in any bonus plans made generally available to officers of EES, as approved by the compensation committee or board of EES, although ▇▇▇▇▇▇▇ recognizes that any such bonus plans may not pay equal benefits to all officers but may vary the benefits based on the rank and responsibilities of each officer. ▇▇▇▇▇▇▇’▇ vacation time will increase to four weeks per year.
