Amendment to Section 8(a). The following language shall be included at the end of Section 8(a): “The reduction of amounts payable hereunder, if applicable, shall be determined in manner which has the least economic cost to the Executive and, to the extent the economic cost is equivalent, then all the Payments, in the aggregate will be reduced in the inverse order of when all the Payments, in the aggregate, would have been made to the Executive until the reduction specified is achieved.”
Amendment to Section 8(a). Section 8(a) shall be amended and restated in its entirety as follows:
(a) continuing payments of severance pay in accordance with the Company’s normal payroll policies at a rate equal to Executive’s Base Salary rate, as is then in effect, for (x) six (6) months from the date of such termination without Cause or resignation for Good Reason, if such termination or resignation occurs prior to three (3) months before a Change in Control of the Company, or (y) twelve (12) months from the date of such termination without Cause or resignation for Good Reason, if such termination or resignation occurs within three (3) months prior to, or six (6) months following a Change of Control of the Company;
Amendment to Section 8(a). Section 8.A. of the Amended and Restated Alloy Services Agreement is hereby amended by amending and restating the section to read in its entirety, as follows:
A. Other than with respect to the Additional Metals, to which this Section 8.A. shall not apply, OC shall be Buyer’s exclusive provider of alloying services and fabrication and repair services with regard to Parts which are utilized by Buyer, except that during any calendar year during the Term, Buyer may obtain up to eight percent (8%) of its requirements for Parts which are utilized by Buyer from any person or entity other than OC (hereinafter referred to as a “Third Party”), provided that such eight percent (8%) limitation shall not apply to Parts:
(i) ordered by Buyer for which OC does not accept and/or cannot fulfill the Buyer Design Specifications pursuant to Paragraph 3.A, such circumstance to be notified to Buyer in writing by OC within two (2) business days of receipt by OC of Buyer’s order;
(ii) ordered by Buyer that OC will not be able to deliver to Buyer within five (5) weeks following the date that OC acknowledges receipt of Buyer’s order, such circumstances to be notified to Buyer in writing within two (2) business days of receipt by OC of Buyer’s order; and/or
(iii) for which the demonstrated delivery times thereof (based on an average delivery time over a rolling 52-week period), as measured from the date of acknowledgement by OC of orders therefor, exceed five (5) weeks. Notwithstanding the foregoing, Buyer may not obtain any fabrication services from Third Party sources with regard to ST Patch Thermocouple technology (for the sake of clarity, this sentence is not applicable to the Additional Metals). In the event that Buyer exceeds the eight percent (8%) limitation set forth in this Paragraph 8.A during any calendar year, Buyer shall notify OC by January 31 of the ensuing year of the amount by which it exceeds the limit and shall pay OC’s lost profit margin for such amount. Exceptions to the limitations set forth in this Paragraph 8. A shall be made by mutual agreement of both parties acting reasonably in good faith.
Amendment to Section 8(a). Section 8(a) of the Agreement is hereby deleted in its entirety and replaced with the following: FIFTEENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT — PAGE 1 VERITEX COMMUNITY BANK — XXXXXX GEOPHYSICAL COMPANY
Amendment to Section 8(a). The first complete sentence of Section 8(a) of the Advisory Agreement is hereby deleted in its entirety and replaced with the following: Commencing on the date hereof, but subject to Company having Real Estate Assets (as defined in the Operating Agreement) in its portfolio, Advisor shall be entitled to receive an annual Asset Management Fee of 0.75% (75 basis points) of the aggregate value of Company’s Real Estate Assets, which aggregate value (“Fund Gross Asset Value”) shall be determined as provided in subsections (d) and (e) hereof.
Amendment to Section 8(a). Section 8A of the Original Agreement shall be replaced in its entirety with the following:
Amendment to Section 8(a). Section 8(a) of the Loan Agreement is hereby amended by deleting the definition of Consolidated Tangible Net Worth in its entirety and the following is substituted therefor:
Amendment to Section 8(a). Pursuant to Section 24 of the Agreement, the Company, the Partnership and the Advisor hereby agree that Section 8(a) of the Agreement shall be deleted and replaced in its entirety with the following:
Amendment to Section 8(a). The last two (2) rows of the Table in Section 8(a) are amended and restated in their entirety as follows:
Amendment to Section 8(a). Section 8(a) of the Employment Agreement shall be amended and restated in its entirety to read as follows:
