Amendment to Embrex, Inc. Amended and Restated Employee Stock Purchase Plan (July 18, 2002)
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Summary
This amendment, approved by the Board of Directors of Embrex, Inc. on July 18, 2002, changes the automatic termination date of the company's Employee Stock Purchase Plan to May 30, 2008, unless the Board extends it. The Board may extend the plan for additional five-year periods by resolution. No other provisions of the plan are changed by this amendment.
EX-10.3 5 dex103.htm AMEND. TO EMPLOYEE STOCK PURCHASE PLAN Prepared by R.R. Donnelley Financial -- Amend. to Employee Stock Purchase plan
AMENDMENT
TO
EMBREX, INC.
AMENDED AND RESTATED EMPLOYEE STOCK PURCHASE PLAN
THIS AMENDMENT to the Embrex, Inc. Amended and Restated Employee Stock Purchase Plan (the “Plan”) is made effective as of the 18th day of July 2002.
WHEREAS, the Plan was previously amended and restated in July 2000;
WHEREAS, the Board of Directors of Embrex, Inc. (the “Company”) has determined that it would be in the best interests of the Company and its shareholders to further amend the Plan; and
WHEREAS, on July 18, 2002, the Board of Directors approved an amendment to the Plan as set forth below;
NOW, THEREFORE, pursuant to Article IX of the Plan, Section 9.02 of the Plan is hereby amended by deleting such Section in its entirety and inserting in lieu thereof a new Section 9.02 to read as follows:
“9.02 Automatic Termination. The Plan will terminate automatically on May 30, 2008, unless extended by the Board of Directors. The Board of Directors may by resolution extend the Plan for one or more additional periods of five (5) years each.”
This Amendment is limited as specified and shall not constitute a modification or amendment of any other provision of the Plan.
Approved by the Board of Directors on July 18, 2002.
| ATTESTED BY: |
| /s/ DON T. SEAQUIST |
| Don T. Seaquist Secretary |
