Amendment No. 1 to 2004 Employee Stock Purchase Plan
This amendment, dated September 14, 2005, modifies the 2004 Employee Stock Purchase Plan. It changes the rules regarding payroll deductions for employees participating in the plan. Employees may now decrease or discontinue their payroll deductions at any time during a plan period by submitting a new authorization form, but cannot increase deductions during that period. If an employee stops deductions without withdrawing funds, the previously deducted amounts will still be used to purchase company stock at the end of the period.
Exhibit 10.2
Amendment #1 to 2004 EMPLOYEE STOCK PURCHASE PLAN dated September 14, 2005
Section 6 of the 2004 Employee Stock Purchase Plan is deleted in its entirety and replaced by the following:
“ 6. Deduction Changes. An employee may decrease his payroll deduction one or more times during any Plan Period, and may discontinue his payroll deduction during any Plan Period, by filing a new payroll deduction authorization form. However, an employee may not increase his payroll deduction during a Plan Period. If an employee elects to discontinue his payroll deductions during a Plan Period, but does not elect to withdraw his funds pursuant to Section 8 hereof, funds deducted prior to his election to discontinue will be applied to the purchase of Common Stock on the Exercise Date (as defined below).”
