This excerpt taken from the DEPO 10-Q filed Aug 8, 2008.
1. Amendment of Section 7.1. Effective as of the First Amendment Date, Section 7.1 of the Agreement shall be amended to replace the first sentence thereof with the following:
Unless earlier terminated as provided hereunder, this Agreement shall terminate automatically on the earliest of (i) the first day of the month next following the 48-month anniversary of the Effective Date (the Investment Period), (ii) the date that the aggregate dollar amount of Shares registered under the Registration Statement have been issued and sold and (iii) the date the Investor shall have purchased the Total Commitment of shares of Common Stock (subject in all cases to the Trading Market Limit).
This excerpt taken from the DEPO DEF 14A filed Apr 13, 2007.
Amendment and Termination
The ESPP will terminate ten years from approval by the Board, unless it is terminated earlier pursuant to its terms.
The Board may amend or terminate the ESPP, but the Company will obtain stockholder approval for any amendment to the ESPP that would increase the maximum number of shares that may be issued under the ESPP or change the designation or class of persons eligible to participate under the ESPP. In addition, no action by the Board or the stockholders may impair any outstanding stock purchase rights without the written consent of the participant except as set forth below.
The Board may make amendments to the ESPP as it determines to be advisable, including changes with respect to current offering periods or purchase periods, if the continuation of the ESPP or any offering period would result in financial accounting treatment for the ESPP that is different from the financial accounting treatment in effect on the date our Board adopted the ESPP.
This excerpt taken from the DEPO 10-Q filed May 10, 2005.
Amendment. The Amended and Restated Articles of Incorporation of the Corporation shall not be further amended in any manner that would materially alter or change the powers, preferences or special rights of the Series RP Preferred Stock so as to affect them adversely without the affirmative vote of the holders of a majority or more of the outstanding shares of Series RP Preferred Stock, voting separately as a class.