AMENDMENT TO EMPLOYMENT AGREEMENT
Exhibit 10.21
AMENDMENT TO EMPLOYMENT AGREEMENT
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into as of
November 5, 2007 between Xxxx Xxxxxxxxx (“Executive”) and Mobile Storage Group, Inc., a
Delaware corporation (“Company”).
RECITALS
A. Executive and Company entered into that certain Employment Agreement dated June 1, 2004
(the “Agreement”).
B. Each of the parties hereto desires to amend the Agreement as set forth herein, and desires
that, except as set forth in this Amendment, the Agreement shall remain in full force and effect.
NOW THEREFORE, in consideration of the premises and the respective representations,
warranties, covenants, agreements and conditions hereinafter set forth, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
hereby agree as follows:
1. Definitions. Capitalized terms used herein and not otherwise defined herein shall
have the meanings ascribed to them in the Agreement (without regard to this Amendment).
2. Amendment. Section 3.1(b) of the Agreement is hereby amended and restated as
follows:
“(b) In the case of (i) termination of this Agreement pursuant to Section 3.1(a)(i),
(ii) termination of this Agreement without Cause or (iii) termination pursuant to Section
3.3 for “Good Reason”, the Executive shall be entitled to: (A) participate in the
insurance benefits described in Section 2.4 for a period of twelve (12) months from the
date of the termination of this Agreement (the “Termination Date”); provided,
however, that the Executive’s right to participate in insurance benefits shall terminate in
the event the Executive obtains new employment and has the ability to obtain comparable insurance
benefits through such new employment and (B) receive compensation equal to the Basic Compensation,
as determined pursuant to Section 2.1, for a period of twelve (12) months after the
Termination Date. In each case such amounts shall be payable in accordance with the Company’s
payroll procedures for senior management and as if the Executive’s employment had continued for
such period.”
3. References. All references in the Agreement to “Agreement,” “herein,” “hereof,” or
terms of like import referring to the Agreement or any portion thereof are hereby amended to refer
to the Agreement as amended by this Amendment.
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4. No Implied Amendments. Except as expressly provided herein, the Agreement is not
being amended, supplemented, or otherwise modified, and the Agreement shall continue in force and
effect in accordance with its terms.
5. Counterparts. This Amendment may be executed in one or more counterparts, each of
which shall be deemed an original but all such counterparts together shall constitute but one and
the same agreement.
6. Successors and Assigns. This Amendment shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
7. Governing Law. This Amendment shall at all times be governed by and construed,
interpreted and enforced in accordance with the internal laws (as opposed to conflict or choice of
laws provisions) of the State of California.
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[SIGNATURE PAGE TO AMENDMENT TO EMPLOYMENT AGREEMENT OF XXXX XXXXXXXXX]
IN WITNESS WHEREOF, Company has caused this Amendment to be signed by its duly authorized
officers and Executive has signed this Agreement as of the day and year first above written.
| EXECUTIVE | ||||
| Xxxx Xxxxxxxxx | ||||
| COMPANY | ||||
| MOBILE STORAGE GROUP, INC. | ||||
| By: | ||||
| Xxxxxxx X. Xxxxxxxx | ||||
| President & Chief Executive Officer | ||||
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