Exhibit 10.34(b)
FIRST AMENDMENT TO THE
BLADELOGIC, INC.
2007 STOCK OPTION AND INCENTIVE
PLAN
THIS FIRST AMENDMENT is made on this
21st of July 2008, by BMC Software, Inc., a corporation duly
organized and existing under the laws of the State of Delaware
(hereinafter called the “Company”).
WITNESSETH:
WHEREAS, the Company maintains the
BladeLogic, Inc. 2007 Stock Option and Incentive Plan (the
“Plan”); and
WHEREAS, the Company desires to
amend the Plan as set forth below.
NOW, THEREFORE, effective as of
April 18, 2008, the Plan is hereby amended as
follows:
|
|
1.
|
Each reference to
“Company” shall refer to “BMC Software,
Inc.”
|
|
|
2.
|
Each reference to “Deferred
Stock Award” or “Deferred Stock Awards” shall be
deleted and replaced to read “Restricted Stock Unit”
and “Restricted Stock Units,” respectively.
|
|
|
3.
|
Each reference to
“Stock” shall refer to the Common Stock, par value
$0.01 per share, of the Company, subject to adjustment under
Section 3 of the Plan.
|
|
|
4.
|
The reference to “666,375
shares” in Section 12(d) of the Plan shall be deleted
and replaced to read “602,742 shares.”
|
|
|
5.
|
Section 3(a) of the Plan is
hereby amended to read in its entirety as follows:
|
“(a) Stock Issuable .
The maximum number o
