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EXHIBIT 10.37
AMENDMENT NO. 1 to EMPLOYMENT AGREEMENT
XXXX X. XXXXXXXX
THIS AMENDMENT NO. 1 to EMPLOYMENT AGREEMENT is made and entered into
as of the 19th day of February 1998 by and between BROADWAY & SEYMOUR, INC.
("Employer") and XXXX X. XXXXXXXX ("Employee") and amends and modifies the
Employment Agreement dated September 1, 1995 (the "Agreement") by and among
Employer and Employee. Capitalized terms used herein and not defined shall have
the meanings ascribed to such terms in the Agreement.
1. Section 3(d)(i) shall be amended by replacing the reference to
"Employer's 1995 Stock Option Plan" with "Employer's 1996 Stock Option
Plan." Accordingly, all references in the Agreement to the Stock
Option Plan shall be deemed to be references to Employer's 1996 Stock
Option Plan.
2. Section 5(c)(i) shall be amended by deleting subsections (A) and (B)
and replacing them with the following:
"two times (A) Employee's annual Base Salary as in effect immediately
prior to the date of such event, and (B) the aggregate amount of cash
bonuses paid to Employee in respect of the most recent fiscal year."
3. Section 5(e) shall be amended by adding the following at the end
thereof:
"; provided, however, that for a two-year period following such
termination Employee shall continue as an employee of Employer for all
purposes (including without limitation Employer's benefits plans and
Employer's 1996 Stock Option Plan) and Employer shall pay to Employee
any portion of Employee's Base Salary (as in effect immediately prior
to such termination) not paid by the disability insurance carrier(s)
then providing coverage for Employer's executive officers."
4. Section 7 shall be amended by deleting the colon and adding the
following to the end of the introductory phrase:
"and for a period of two years following termination of employment
hereunder:"
5. Except as hereby amended, the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
BROADWAY & SEYMOUR, INC.
By: /s/ Xxxxxxx X. Xxxxxx /s/ Xxxx X. Xxxxxxxx
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Xxxxxxx X. Xxxxxx Xxxx X. Xxxxxxxx
Vice President