Amendment to Section 2.2(a). Section 2.2(a) of the Agreement is hereby amended by deleting it in its entirety and replacing it with the text that follows so that, as amended, Section 2.2(a) of the Agreement shall read as follows:
Amendment to Section 2.2(a). Section 2.2(a) of the Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.2(a). 2a of the Existing Credit Agreement is hereby amended by deleting the reference therein to “$125,000,000” and substituting in replacement thereof a reference to “$175,000,000”.
Amendment to Section 2.2(a). Section 22(a) is hereby amended and restated in its entirety as follows:
(a) Subject to Sections 22(b) and 23(b), if the Executive’s employment shall terminate without Cause during the twelve-month period immediately following a Change in Control, then upon the Executive’s execution and non-revocation of a general release in the Company’s customary form, the Executive shall be entitled, as his exclusive remedy hereunder, to (i) full and immediate vesting of all otherwise unvested Stock Options and Restricted Stock and (ii) a payment equal to the amount of Base Salary and annual bonus the Executive would have been entitled to receive under this Agreement for the duration of the applicable term (based upon the amount of the annual bonus, if any, paid to the Executive with respect to the year prior to the year in which such termination of employment occurs). Subject to Section 23(b), the amount determined under this Section 22(a)(ii) will be paid to the Executive in a single lump sum on or prior to the thirtieth (30th) day after such termination of the Executive’s employment.”
Amendment to Section 2.2(a). Section 2.2(a) is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.2(a). Section 2.2(a) of the Loan Agreement is hereby amended by replacing the text “$10,000,000” in Section 2.2(a) with “$5,000,000”.
Amendment to Section 2.2(a). Section 2.2(a) of the Agreement is hereby amended in its entirety to read as follows: “The purchase and sale of the Shares and of the Convertible Bonds shall take place at a closing (the “Closing”) to be held in Luxembourg at the offices of Loyens Winandy, at 10, xxx Xxxxxx Xxxxxxxx, L-2540 Luxembourg, at 10:00 A.M., Luxembourg Time, at the latest on the first Business Day following the 64th day following the date of this Agreement, or at such other place or at such other time or on such other date as the Buyer and the Stockholder Representative mutually may agree in writing, provided that the conditions set forth in this Agreement are met (or waived, as applicable). The day on which the Closing takes place is referred to as the “Closing Date”.”
Amendment to Section 2.2(a). Section 2.2(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.2(a). The LOC Committed Amount in Section 2.2(a) of the Credit Agreement is hereby increased to FIVE MILLION DOLLARS ($5,000,000).
Amendment to Section 2.2(a). Section 2.2(a) of the Agreement is hereby amended and restated in its entirety as follows:
(a) The limited liability company interests in Blocker Merger Sub issued and outstanding immediately prior to the Blocker Merger Effective Time shall be converted into and shall represent (i) a non-economic general partner interest of the Surviving Blocker held by Parent and (ii) 100% of the limited partnership interests of the Surviving Blocker, so that, after the Blocker Merger Effective Time, Parent shall be the holder of all of the issued and outstanding general partner and limited partner interests in the Surviving Blocker.”
