Current Amendments. The following amendments and modifications to the Agreement shall be effective as of December 31, 2011:
A. Section 5(b) of the Agreement is hereby amended by adding the following text to the end thereof: Any such bonus or incentive payment shall be paid no later than two and one-half months after the end of the fiscal year of which such payment is awarded, unless the Employee shall elect to defer the receipt of such payment pursuant to an arrangement that meets the requirements of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”).
B. Section 7(c) of the Agreement is hereby amended by adding the following text to the end thereof: Notwithstanding the foregoing, in no event shall the Termination Date occur until the Employee experiences a “separation from service” within the meaning of Code Section 409A, and the date which such separation from service takes place shall be the “Termination Date”.
C. The following text is hereby added as Section 12(k):
Current Amendments. Relating to Contribution of Receivables SECTION 2.01.
Current Amendments. The following amendments and modifications to the Agreement shall be effective as of December 31, 2011:
A. Section 5(b) of the Agreement is hereby amended by adding the following text to the end thereof: Any such bonus or incentive payment shall be paid no later than two and one-half months after the end of the fiscal year of which such payment is awarded, unless the Employee shall elect to defer the receipt of such payment pursuant to an arrangement that meets the requirements of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”).
B. Section 7(c) of the Agreement is hereby amended by adding the following text to the end thereof: Notwithstanding the foregoing, in no event shall the Termination Date occur until the Employee experiences a “separation from service” within the meaning of Code Section 409A, and the date which such separation from service takes place shall be the “Termination Date”.
C. The following text is hereby added as Section 12(k): Compliance With Code Section 409A. 2012 Form B
(i) Notwithstanding any provision of this Agreement to the contrary, this Agreement is intended to be exempt from or, in the alternative, comply with Code Section 409A and the interpretive guidance in effect thereunder, including the exceptions for short-term deferrals, separation pay arrangements, reimbursements, and in-kind distributions. The Agreement shall be construed and interpreted in accordance with such intent.
(ii) In the event that it is determined that any payment, coverage or benefit due or owing to the Employee pursuant to this Agreement is subject to the additional tax imposed by Code Section 409A or any successor provision thereof or any interest or penalties, including interest imposed under Code Section 409(A)(1)(B)(i)(I), incurred by the Employee as a result of the application of such provision, the Corporation agrees to cooperate with the Employee to modify the Agreement, but only (A) to the minimum extent necessary to avoid the application of such tax and (B) to the extent that the Corporation would not, as a result, suffer any adverse consequences.
(iii) In the event the Employee is a “Specified Employee,” within the meaning of Code Section 409A and Treas. Reg. 1.409A-1(c)(i) (or any similar or successor provisions) as determined in accordance with the Corporation’s policy for determining Specified Employees, cash severance or any other amounts that are nonqualified deferred compensation (within the meaning of Code Secti...
Current Amendments. The Original Indenture is hereby amended as set forth in Schedule C hereto.
Current Amendments. Relating to Conveyance of Receivables SECTION 2.01. General Amendment Relating to Contribution of Receivables . . . . . . . .
Current Amendments. Relating to Allocation and Application of Collections SECTION 4.01. Amendment of Section 4.02. Section 4.02 of the Original Variable Funding Supplement is hereby amended on the date of execution and delivery of this Amendment by each of the parties hereto as specified on the signature page hereto to delete Section 4.02 as contained in the Original Variable Funding Supplement and to add the following provision as Section 4.02. Section 4.02 shall read in its entirety as follows:
Current Amendments. (a) Section 301 of the Original Indenture is hereby amended to read as follows:
Current Amendments. Effective as of the Effective Date the ------------------- Original Agreement is hereby amended as follows:
(a) Limitation of Hedging Collateral. Article VI of the Original --------------------------------- Agreement is hereby amended by adding thereto the following Section 6.2(o):
Current Amendments. Effective as of the Effective Date (as ------------------ defined in Article III), the Original Agreement is hereby amended as follows:
Current Amendments
