First Amendment to BMC Software, Inc. 2007 Incentive Plan
This amendment, effective July 21, 2008, is between BMC Software, Inc. and its stakeholders. It modifies the company's 2007 Incentive Plan to allow the Compensation Committee, or its Chairman, to authorize certain officers to grant awards under the plan to employees who are not officers or directors. All other terms of the original plan remain unchanged.
Exhibit 10.33(b)
FIRST AMENDMENT TO THE
BMC SOFTWARE, INC. 2007 INCENTIVE PLAN
THIS FIRST AMENDMENT is made on this 21st of July 2008, by BMC Software, Inc., a corporation duly organized and existing under the laws of the State of Delaware (hereinafter called the “Company”).
WITNESSETH:
WHEREAS, the Company maintains the BMC Software, Inc. 2007 Incentive Plan (the “2007 Plan”); and
WHEREAS, the Company desires to amend the 2007 Plan to provide the Compensation Committee of the Board of Directors (the “Compensation Committee”) with the power to authorize one or more officers of the Company and/or the Chairman of the Compensation Committee to grant awards under the Plan to individuals other than officers and directors of the Company.
NOW, THEREFORE, effective as of July 21, 2008, the 2007 Plan is hereby amended by inserting into the first sentence of Section 2.3(b) the phrase “the Compensation Committee of” immediately before the phrase “the Board of Directors may by resolution”.
Except as specifically amended hereby, the 2007 Plan shall remain in full force and effect as prior to this First Amendment.
IN WITNESS WHEREOF, the Company has caused this First Amendment to be executed on the date first written above.
| BMC SOFTWARE, INC. | ||
| By: | /s/ Michael A. Vescuso | |
| Michael A. Vescuso | ||
| Senior Vice President, Administration | ||
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