Amendment to Letter Agreement. Upon the occurrence of the Amendment Effective Date, the following amendment is hereby made to the Letter Agreement, with full force and effect as of the Amendment Effective Date:
Amendment to Letter Agreement. The Letter Agreement is hereby amended as follows:
(a) Section 3(a)(ii) is amended in its entirety to provide as follows:
Amendment to Letter Agreement. The Agreement shall remain in full force and effect, as modified hereby. SELLER: UTC I, LLC, an Oklahoma limited liability company By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Its: Manager PURCHASER: INLAND REAL ESTATE ACQUISITIONS, INC., an Illinois corporation By: Name: Xxxxxx Xxxxxxxx-Xxx Title: Vice President THIS NINTH AMENDMENT TO PURCHASE AND SALE AGREEMENT (the “Ninth Amendment”) is made and entered into as of the 15th of April, 2011, by and between UTC I, LLC, an Oklahoma limited liability company ("Seller") and INLAND REAL ESTATE ACQUISITIONS, INC., an Illinois corporation (“Purchaser”).
Amendment to Letter Agreement. August 5, 0000 Xxxxxxx X. Xxxxxx c/o Mead Xxxxxxx Nutritionals 0000 X. Xxxxx Expressway Evansville, Indiana 47721 Dear Xxxxx: On behalf of Xxxxxxx-Xxxxx Squibb Company (“BMS” or the “Company”), I am pleased to inform you that BMS has approved certain enhancements to the letter agreement between you and BMS, dated November 12, 2007 (the “Letter Agreement”), which offered you certain incentives to ensure that Xxxx Xxxxxxx (the “Business”) is managed and operated efficiently throughout the process of the Transformation of the Business. First, this Amendment to the Letter Agreement (“Amendment”) provides clarity that the definitions of Transformation and Successor include an initial public offering or partial public offering of at least ten percent (10%) (“IPO”) of the Business. Second, the Effective Date of the Letter Agreement has been extended to December 31, 2009. Third, if the BMS Board of Directors determines not to proceed with an IPO of the Business prior to December 31, 2009, you will remain eligible for the entirety of the Special Bonus and it will no longer be canceled under such circumstances. Fourth, this Amendment explicitly provides that the method of calculating the Special Bonus will be based on your regular BMS target bonus level and any future bonuses for performance periods post-IPO will be based on the applicable bonus plans of the Business that take effect on or after the IPO. Fifth, the enhanced severance payment has been extended for involuntary terminations for reasons other than for cause by the Successor to an eighteen (18) month period following the anniversary date of the Transformation Closing Date, which has been increased from a twelve (12) month period. In addition, the amount of your severance protection for that period has been increased to two (2) times your annual base salary in effect as of the date of your termination by the Successor. It has also been clarified that, if there are any severance payments available to you from the Successor, you will receive the greater of those severance payments or the severance payments available to you under the paragraph relating to the enhanced severance payment, but not both. Sixth, if the Transformation results in an IPO, your eligibility for relocation and home leave benefits will expire upon your appointment as CEO of Xxxx Xxxxxxx. Finally, if an IPO of the Business occurs prior to December 31, 2009, and you are an employee of the Business after the Transformation Closing Date, yo...
Amendment to Letter Agreement. The Agreement is hereby amended by extending the Closing date in the first sentence of the first paragraph of Section 9 (General Provisions) from November 6, 2000 to November 13, 2000. For the avoidance of doubt, the parties hereto hereby extend the Closing date to on or before, but to no later than, November 13, 2000.
Amendment to Letter Agreement. The definition of “Spread” as set forth in Section 1 of the Letter Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Letter Agreement. Dear Xx. Xxxxxxx: The purpose of this document (the “Letter Agreement Amendment”) is to amend specific paragraphs of the March 23, 2016 letter agreement (the “Letter Agreement”) between you and GI Dynamics, Inc. (the “Company”), in order to reflect negotiated and mutually acceptable new provisions pertaining to your continued employment with the Company. In consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following terms, effective as of the date on which you sign this Letter Agreement Amendment (the “Effective Date”):
Amendment to Letter Agreement. Schedule "D" of the Original Agreement and each Letter Agreement is hereby amended as set forth below. The obligations of Beacon to complete the transactions contemplated by the Original Agreement, as amended by this Amendment, and to file the documents necessary to give effect to the Arrangement are subject to each of the NxtPhase Class A Shareholders approving Sections 2, 3, 4, 5, 16, 17, 18, 19, 20 and 21 of this Amendment.
(a) Any and all references to the "Arrangement Agreement" in each Letter Agreement are hereby deleted and substituted in their place with the following: "Arrangement Agreement, as amended by that certain First Amendment to Arrangement Agreement dated September 27, 2005."
(b) The third sentence of Section (d) of Exhibit A to each Letter Agreement is amended by deleting the words "/prospectus" and "on Form S-4 (the "Registration Statement")".
(c) Any and all references to the "Registration Statement" in each Letter Agreement are hereby deleted and substituted in their place with the following: "joint proxy statement of Beacon and NxtPhase."
(d) Except as modified and amended by this Section 21, each Letter Agreement shall remain in full force and effect and is in all other respects ratified and confirmed.
Amendment to Letter Agreement. Effective as of the Effective Date, the Letter Agreement shall be amended to provide that the term thereof expires six months from the Effective Time, as such term is defined in that certain Amended and Restated Agreement and Plan of Merger by and between the Company and Viking Energy Group, Inc. dated August 31, 2020 (as such agreement may be amended, revised, modified or restated from time to time, the “Merger Agreement” and the “Modified Term”), and that during such Modified Term (as provided for hereby), the Consultant shall receive, in addition to the consideration payable pursuant to the Letter Agreement, reimbursement for the costs of Consultant’s and his family’s health insurance. In connection with the amendment above, the rights of the Company to terminate the Letter Agreement prior to the end of the Modified Term shall be deemed deleted from the Letter Agreement and of no force or effect. It is also agreed that instead of Consultant providing services as the CEO of the Company under the Letter Agreement the Consultant shall provide services as a non-executive officer of the Company during the Modified Term and subsequent to the Effective Time.
Amendment to Letter Agreement. The Agreement is hereby amended by extending the Closing date in the first sentence of the first paragraph of Section 9 (General Provisions) from November 13, 2000 to November 22, 2000, provided that twenty-five percent (25%) of the Purchase Price shall be received by the escrow agent for Xxxxxxx by November 14, 2000, to be distributed in accordance with Section 4 of the Agreement. For the avoidance of doubt, the parties hereto hereby extend the Closing date to on or before, but to no later than, November 22, 2000.
