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Exhibit
10.65
FIRST AMENDMENT TO
NON-QUALIFIED STOCK OPTION AGREEMENT PURSUANT TO THE
WOLVERINE TUBE,
INC.
2007 NON-QUALIFIED
STOCK OPTION PLAN
THIS FIRST AMENDMENT, dated
as of October 18, 2007, between Wolverine Tube, Inc. (the
“ Company ”) and The Alpine Group, Inc.
(the “ Participant ”).
WHEREAS, pursuant to the
terms and conditions set forth in the Wolverine Tube, Inc. 2007
Non-Qualified Stock Option Plan, the Board of Directors of the
Company authorized the grant of a non-qualified stock option to the
Participant in its capacity as a consultant to the Company (the
“Option”); and
WHEREAS, to evidence the
grant of the Option, the Company and the Participant entered into
that certain Non-Qualified Stock Option Agreement dated as of
March 29, 2007 (the “ Agreement ”);
and
WHEREAS, both the Company and
the Participant recognize that Section 2(b) of the Agreement
relating to the Additional Options (as defined in the Agreement)
may not accurately reflect the intent of the parties;
and
WHEREAS, both the Company and
the Participant desire to amend Section 2(b) of the Agreement
such that their intent relating to the Additional Options is
accurately reflected by the terms of Section 2(b) of the
Agreement.
NOW, THEREFORE, in
consideration of the premises and other good and valuable
consideration, the receipt of which is hereby acknowledged, the
Company and the Participant hereby agree to amend Section 2(b)
of the Agreement as follows:
1. Section 2(b) of the
Agreement shall be deleted and replaced with the
following:
“(b) Notwithstanding
the foregoing, in recognition of the additional efforts expended
and anticipated to be expended by the Participant pursuant to the
Management Agreement da
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