Common use of No Distributions in Violation of Securities Laws Clause in Contracts

No Distributions in Violation of Securities Laws. Notwithstanding the above provisions, a payment under the Plan may be delayed if the Company reasonably anticipates that the making of such payment will violate Federal securities laws or other applicable law, in the Company’s sole discretion, provided that the payment is made on the earliest at which the Company reasonably anticipates that the making of the payment will not cause such violation. If you agree to the terms set forth above, please sign and date a copy of this Agreement below and return it to the undersigned. Very truly yours, THE ▇.▇. ▇▇▇▇▇▇▇ COMPANY By: Name: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Chairman of the Board and Co-CEO Accepted and agreed to: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Date: December 19, 2008 The following definitions will apply for purposes of the letter agreement between ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ dated May 1, 2002, as amended and restated effective as of January 1, 2005:

No Distributions in Violation of Securities Laws. Notwithstanding the above provisions, a payment under the Plan may be delayed if the Company reasonably anticipates that the making of such payment will violate Federal securities laws or other applicable law, in the Company’s sole discretion, provided that the payment is made on the earliest at which the Company reasonably anticipates that the making of the payment will not cause such violation. If you agree to the terms set forth above, please sign and date a copy of this Agreement below and return it to the undersigned. Very truly yours, THE ▇.▇. ▇▇▇▇▇▇▇ COMPANY By: Name: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Executive Chairman of the Board and Co-CEO Accepted and agreed to: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Date: December 19, 2008 The following definitions will apply for purposes of the letter agreement between ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ dated May 1, 2002, as amended and restated effective as of January 1, 2005: