Amendment to Section 2(a). Section 2(a) of the Agreement is hereby amended in its entirety to read as follows:
Amendment to Section 2(a). Section 2(a) of the Agreement is hereby deleted in its entirety and hereby replaced with the following new Section 2(a):
Amendment to Section 2(a). Section 2.(a) shall be amended by deleting Section 2(a) in its entirety and replacing it with the following:
Amendment to Section 2(a). The parties mutually agree that the Agreement is amended, effective the date of this Amendment, by amending Section 2(a) by replacing “General Counsel” with “Chief Legal Officer”.
Amendment to Section 2(a) a. This section shall be removed and replaced in its entirety as follows: “Following any calendar quarter in which Available Operating Funds exceed the cumulative ordinary cash distributions paid by the Company on its common shares in such quarter (the amount of such excess being hereinafter referred to as “Excess Operating Funds”), the Company shall pay such Excess Operating Funds, or a portion thereof in accordance with Sections 2(b), 2(c) and 2(d), as applicable, to FSH until such time as all Expense Payments made by FSH to the Company within three years prior to the last business day of such calendar quarter have been reimbursed. Any payments required to be made by the Company pursuant to this Section 2(a) shall be referred to herein as a “Reimbursement Payment.” ”
Amendment to Section 2(a). Each 2006 Note is hereby amended by replacing “November 2, 2007” in Section 2(a) with “January 7, 2008.”
Amendment to Section 2(a). Section 2(a) of the Employment Agreement is hereby amended to read:
Amendment to Section 2(a). The Change in Control Agreement shall hereby be amended by adding the following proviso to the end of Section 2(a): “; provided that the first payment shall be made on the fiftieth (50th) day following the Termination Date and shall include any amounts that would have otherwise been due prior to such fiftieth (50th) day.”
Amendment to Section 2(a). (i). The last sentence of the first paragraph of Section 2(a)(i) of the Agreement is hereby amended by deleting “, provided that in no event shall the Incentive Compensation Amount payable to the Executive with respect to any fiscal year exceed $10 million”.
Amendment to Section 2(a). Section 2(a) of the Distribution Agreement is hereby amended to read as follows: “DISTRIBUTOR acknowledges that prior to entering into this Agreement, PENUMBRA engaged ADMIS, Inc. (“ADMIS”) to assist PENUMBRA in obtaining product registrations and required permits, licenses and other approvals to market Products in the Distribution Countries. Following execution of this Agreement, PENUMBRA terminated its arrangement with ADMIS and DISTRIBUTOR assumed responsibility for obtaining, and will use all commercially reasonable efforts to obtain, in DISTRIBUTOR’s name all product registrations and required permits, licenses, and other approvals necessary to market the Products in the Distribution Countries (i.e., obtain a “Xxxxxx” with respect to * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission. the Products), and DISTRIBUTOR will use all commercially reasonable efforts to qualify as Marketing Approval Holder (hereinafter called “MAH”) and Sales Agent and to obtain and maintain all manufacturing and sales licenses necessary to permit DISTRIBUTOR to import the Products into the Distribution Countries and to sell them there (collectively, the “Approvals”). Specifically, DISTRIBUTOR will perform the following actions:
