The Plan shall be effective on ​; provided, however, that the Plan must subsequently be approved by majority vote of the Company’s shareholders in accordance with the rules and regulations of the NASDAQ Stock Market LLC no later than ​.

The Plan shall be effective on ​; provided, however, that if, and only if, certain options are intended to qualify as Incentive Stock Options, the Plan must subsequently be approved by majority vote of the Company’s stockholders no later than ​, and further, that in the event certain Option grants hereunder are intended to qualify as performance-based compensation within the meaning of Section 162(m) of the Code, the requirements as to stockholder approval set forth in Section 162(m) of the Code are satisfied.

Effective Date. The provisions of this [Article IV] A will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year.

EFFECTIVE DATE. The Plan, as amended and restated herein, applies for Restricted Cash Awards granted on or after the effective date on the cover page.

Effective Date. This Amendment is dated ​.

Effective Date. The effective time and date of this Agreement shall be deemed to be 12:00:01 o’clock, a.m., Eastern Time, on the date first set forth above (the “Effective Date”).

Effective Date. The Plan shall be effective as of ​ (the “Effective Date”), shall be unlimited in duration and, in the event of Plan termination, shall remain in effect as long as any Awards under it are outstanding.

Effective Date. The Effective Date shall have occurred.

Effective Date. The Plan was adopted by the Board effective as of the Effective Date.

Effective Date. The “Effective Date” of this Plan Statement is ​, except as otherwise provided.