FOURTH AMENDMENT TO AMENDED AND RESTATED EXECUTIVE
Exhibit 10.22
FOURTH
AMENDMENT TO AMENDED AND RESTATED EXECUTIVE
This Fourth Amendment (the “Amendment”) to that
certain Amended and Restated Executive Services Agreement dated
as of November 30, 2009 (the “Employment
Agreement”) by and between Chateau Holdings, Inc, (the
“Lender”), Xxxxxx Xxxx (the “Employee”) and
The Film Department Holdings, Inc., a Delaware corporation, as
successor-in-interest
to The Film Department Holdings, LLC, (the “Company”),
is made as of May 12, 2010 (the “Effective
Date”), and is entered into by and between Company, Lender
and Employee.
WHEREAS, Company, Lender and Employee have previously entered
into the Employment Agreement; and
WHEREAS, Company, Lender and Employee have agreed to amend
specific terms of the Employment Agreement in accordance with
the terms set forth below. All capitalized terms not defined
herein shall have the meanings ascribed to such terms in the
Employment Agreement.
NOW, THEREFORE, in consideration of the agreements made herein,
the parties hereto agree as follows:
1. The Employment Agreement is hereby amended by deleting
both references to “May 14, 2010” in
Sections 1 and 4, and substituting “June 1,
2010” in lieu thereof in both instances.
2. This Employment Agreement is intended to comply with
Section 409A of the Internal Revenue Code of 1986, as
amended (the “Code”) and the regulations and guidance
promulgated thereunder (collectively, “Code
Section 409A”) and will be interpreted in a manner
intended to comply with Code Section 409A.
IN WITNESS WHEREOF, the parties have duly executed this
Amendment as of the date first above written.
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THE FILM DEPARTMENT HOLDINGS INC.
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CHATEAU HOLDINGS, INC. | |
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/s/ Xxxx
Xxxx |
/s/ Xxxxxx
Xxxx |
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By: Xxxx Xxxx
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By: Xxxxxx Xxxx | |
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Its: CEO
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Its: President | |
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/s/ Xxxxxx
Xxxx
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| Xxxxxx Xxxx |
4th Amendment to Amended and Restated Exec. Srvcs Agrmt.
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1 |
