THIRD AMENDMENT TO SECOND AMENDED AND RESTATED EXECUTIVE SERVICES AGREEMENT
Exhibit 10.8
THIRD AMENDMENT TO SECOND AMENDED AND RESTATED EXECUTIVE
SERVICES AGREEMENT
SERVICES AGREEMENT
This
Third Amendment (the “Amendment”) to that certain Second Amended and Restated
Executive Services Agreement dated as of November 30, 2009 (the “Employment Agreement”) by and
between Pain Cuit, Inc. (the “Lender”), Xxxx Xxxx
(“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 April 27, 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
“April 30,
2010” in Sections 1 and 4, and substituting
“May 31, 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 Third Amendment as of
the date first above written.
THE FILM DEPARTMENT HOLDINGS LLC | PAIN CUIT, INC. | ||||||
/s/ Xxxx Xxxxxx | /s/ Xxxx Xxxx | ||||||
By:
|
Xxxx Xxxxxx | By:
|
Xxxx Xxxx | ||||
Its:
|
President & COO | Its:
|
|||||
/s/ Xxxx Xxxx | |||||||
Xxxx Xxxx |