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This excerpt taken from the ATVI 10-Q filed Aug 4, 2005. Amendment and Modification of the Plan.
The Committee may, from time to time, alter, amend, suspend
or terminate the Plan as it shall deem advisable, subject to any requirement
for shareholder approval imposed by applicable law or any rule of any
stock exchange or quotation system on which Shares are listed or quoted;
provided that the Committee may not amend the Plan, without the approval of the
Company’s shareholders, to increase the number of Shares that may be the
subject of Options under the Plan (except for adjustments pursuant to Section 7.6
hereof). In addition, no amendments to,
or termination of, the Plan shall in any way impair the rights of an Optionee
or a Participant (or a Permitted Assignee thereof) under any Award previously
granted without such Optionee’s or Participant’s consent, except to the extent
necessary to avoid the imposition of additional tax and/or interest under Section 409A
of the Code with respect to Awards that are treated as nonqualified deferred
compensation.
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