Common use of Current Amendments Clause in Contracts

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. 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. 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(c7( 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 Telmination 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):