FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Exhibit
10.18
FIRST AMENDMENT TO AMENDED AND
RESTATED EMPLOYMENT AGREEMENT
RESTATED EMPLOYMENT AGREEMENT
This First Amendment to Amended and Restated Employment Agreement, dated as of January 1, 2010
(the “Amendment”), is executed by and between the signatories hereto.
Recitals
A. MISONIX, INC. (“Employer”) and Xxxxxxx X. XxXxxxx, Xx. (“Employee”) are parties to that
certain Amended and Restated Employment Agreement, dated as of June 27, 2008 (the “Employment
Agreement”).
B. Employer and Employee deem it to be in their mutual best interests that the Employment
Agreement be amended to increase the annual base salary paid thereunder.
Agreement
In consideration of the agreements contained herein, the parties hereto hereby agree as
follows:
Section 1. Amendment to Section 3(a). Section 3(a) of the Employment Agreement is
hereby amended by deleting the existing text and inserting following as and for such Section 3(a):
“(a) Employer shall pay to Executive an annual base salary of Two Hundred
Eighty-Three Thousand Two Hundred Fifty and 00/100 ($283,250.00) Dollars
(the “Annual Base Salary”) per annum during the Term of Employment. All
payments shall be made in equal monthly installments, in arrears, or such
other installments as may be consistent with the payroll practices of
Employer for its executives.”
Section 2. Effect of Amendment. Except as expressly stated herein, the Employment
Agreement is and shall be unchanged and remain in full force and effect. Except as specifically
stated herein, the execution and delivery of this Amendment shall in no way release, harm or
diminish, impair, reduce or otherwise affect, the respective obligations and liabilities under the
Employment Agreement, all of which shall continue in full force and effect.
Section 3. Miscellaneous. This Amendment is a contract made under and shall be
construed in accordance with and governed by the laws of the state of New York, excluding its
choice of law provisions. This Amendment shall benefit and bind the parties hereto and their
respective successors and legal representatives. This Amendment may be executed in two or more
counterparts, and it shall not be necessary that the signatures of all parties hereto be contained
on any one counterpart hereof; each counterpart shall be deemed an original, but all of which
together shall constitute one and the same instrument. All titles or headings to the sections or
other divisions of this Amendment are only for the convenience of the parties and shall not be
construed to have any effect or meaning with respect to the other content of such sections,
subsections or the divisions, such other content being controlling as to the agreement between the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be effective as of the
date first above written.
MISONIX, INC. |
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By: | /s/ Xxxxxxx Xxxxxxx | |||
Name: | Xxxxxxx Xxxxxxx | |||
Title: | Senior Vice President and Chief Financial Officer |
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/s/ Xxxxxxx X. XxXxxxx | ||||
Xxxxxxx X. XxXxxxx, Xx. |
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