SECTION 3D. The parties hereto agree that the provisions of this contract shall automatically be modified to conform with existing law should any provisions of this contract be illegal or unlawful as finally determined by a court of competent jurisdiction.
SECTION 3D. Section 3 of the Employment Agreement is hereby amended by adding the following as new Section 3(d):
SECTION 3D. The Windsor Star will continue the full premium payments at retirement for employees and their eligible dependents for the lifetime of the retired employee for the Extended Health Care Plan under the following conditions:
SECTION 3D. REPRESENTATIONS AND WARRANTIES; NO DEFAULT . . . . . . . . . . . . . . . . . . . . . . . 4 SECTION 3E. PURCHASE PERMITTED BY APPLICABLE LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 3D. Representations and Warranties; No Default.....................................................10 Section 3E. Purchase Permitted by Applicable Laws..........................................................10
SECTION 3D. (2) of the Original Lease, Landlord's Statements, is revised as follows: The Words "Base Year for Operating Expenses" in line 1 are hereby deleted and the words "Comparison Year" are inserted in lieu thereof.
SECTION 3D. (2)(i) of the Original Lease, Landlord's Statements, is revised as follows:
SECTION 3D of the Employment Agreement relating to Restricted Stock and Stock Options is amended by deleting said subsection 3d in its entirety and substituting therefore the following: "In addition to the payments provided above, on Monday, January 3, 2000, the Compensation Committee granted to the executive, subject to the execution of this Agreement, options to purchase 150,000 shares of Donnkenny Common Stock pursuant to Donnkenny's incentive Stock Option Plan (the "Stock Option Plan"), with the purchase price upon exercise of such options equal to $11/16 (i.e. $0.6875) per share i.e. the closing price of the Common Stock on the date of such grant. The options shall vest as follows: (A) 100,000 options are deemed fully vested, exercisable and nonforfeitable on June 30, 2000 , and the remaining 50,000 options will become fully vested, exercisable and nonforfeitable on December 31, 2000 with such options remaining exercisable during the remainder of their respective terms notwithstanding any termination of the Executive's employment except as otherwise provided in the grant agreements referred to below; provided, however, that, anything herein or in the grant agreements to the contrary notwithstanding, the vesting of such shares of restricted stock and options shall be accelerated in the event of a Change in Control (as defined herein), a termination of Executive's employment by the Company without Cause (as defined below), a termination of Executive's employment for Good Reason (as defined below), or a termination of Executive's employment as a result of the death or disability of Executive and, in the case of certain of the options, in certain other circumstances set forth in the grant agreement referred to below. With respect to the options, such options shall be incentive stock options to the fullest extent permitted by applicable law and the Stock Option Plan. The grant of the options has been made by the Compensation Committee pursuant to the grant agreements attached hereto as Annexes B-1 (with respect to incentive stock options) and B-2 (with respect to non-qualified stock options), respectively. All shares of common stock of Donnkenny issued to Executive pursuant to stock options upon the vesting thereof from time to time shall be duly registered and fully and freely tradeable by Executive without restriction. In the event Executive shall require a resale prospectus in connection with any intended sale of shares, Donnkenny and the Company shall promptly fu...
