1.2Code Section 423. The Company intends the Plan to qualify as an “employee stock purchase plan” under Section 423 of the Code (an “Employee Stock Purchase Plan”), but makes no representation or undertaking to maintain such status. The provisions of the Plan will, with respect to the grant of Options and issuance of Shares, be construed so as to extend and limit participation on a uniform and nondiscriminatory basis consistent with the requirements of Section 423 of the Code.

The CompanyCorporation intends that the Plan toshall qualify as an “employee stock purchase plan”“Employee Stock Purchase Plan” under Section 423 of the Internal Revenue Code (an “Employee Stock Purchase Plan”), but makes no representation or undertaking to maintain such status. The provisions of 1986, as amended, and the Plan will, with respect to the grant of Options and issuance of Shares,shall be construed so as to extend and limit participation onin a uniform and nondiscriminatory basismanner consistent with the requirements of Section 423 of the Code.said [Section 423].