This excerpt taken from the ATU 10-Q filed Jan 8, 2009.
OUTSIDE DIRECTORS DEFERRED COMPENSATION PLAN
WHEREAS, Actuant Corporation (the Company) maintains the Actuant Corporation Outside Directors Deferred Compensation Plan (the Plan); and
WHEREAS, it is now considered desirable to amend the Plan to update the Plan for the requirements of Section 409A of the Internal Revenue Code and the Regulations and other guidance thereunder;
NOW, THEREFORE, IT IS RESOLVED THAT, pursuant to the power reserved to the Company by Section 6.4 of the Plan, the Plan be and it hereby is amended, effective as of January 1, 2005, in the following particulars:
1. By substituting the following for Section 2.1 of the Plan: