AMENDMENT TO THE AMENDED AND RESTATED GENESCO EMPLOYEE STOCK PURCHASE PLANEmployee Stock Purchase Plan Amendment • September 13th, 2007 • Genesco Inc • Retail-shoe stores
WHEREAS, in accordance with the Merger Agreement, the Company desires (i) to suspend Participant contributions to the Plan effective as of September 28, 2007, (ii) to suspend any future Plan Years and enrollment years under the Plan subsequent to September 28, 2007, (iii) to apply accumulated contributions of persons participating in the Plan on September 28, 2007 to purchase Company common stock on such date in accordance with the Plan’s terms and (iv) to terminate the Plan upon the “Effective Time” as defined in the Merger Agreement.
