AMENDMENT TO THE CUBIC ENERGY, INC. 2005 STOCK OPTION PLAN
Exhibit 10.37
AMENDMENT
TO THE CUBIC ENERGY, INC.
2005 STOCK OPTION PLAN
THIS AMENDMENT to the 2005 Stock Option Plan (the Plan) is hereby adopted by Cubic Energy, Inc. (the Company), effective as of May 7, 2010.
WHEREAS, the Company established the Plan, which was approved by the Companys shareholders effective as of the date of the Companys annual meeting of shareholders in 2005; and
WHEREAS, the Company reserved the right to amend the Plan pursuant to Section 17 thereof; and
WHEREAS, the Company desires to amend the Plan to increase the number of shares of the Companys common stock which may be subject to awards granted under the Plan, which amendment was approved by the Companys shareholders effective as of the date of the Companys annual meeting of shareholders in 2010;
NOW THEREFORE, pursuant to Section 17 of the Plan, the first sentence of Section 4 of the Plan is hereby amended to read in its entirety as follows:
Subject to adjustment pursuant to Section 12(a) hereof, the aggregate number of shares of Common Stock that may be issued pursuant to Options granted under this Plan or Bonus Stock Awards under this Plan shall not exceed 5,750,000 shares.
IN WITNESS WHEREOF, and as evidence of the adoption of the foregoing Amendment, the Company has caused this Amendment to be executed by a duly authorized officer effective as of the date first set forth above.
| CUBIC ENERGY, INC. | |
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| By: | /s/ Jon Stuart Ross |
| Name: | Jon Stuart Ross |
| Title: | Secretary |