CKE Restaurants, Inc. Amendment No. 5 To Employment Agreement
Exhibit
10.39
CKE
Restaurants, Inc.
Amendment
No. 5
To
This
Amendment No. 5 (the “Amendment”) to
Employment Agreement is made effective as of January 26, 2010, by and between
CKE Restaurants, Inc. (the “Company”) and Xxxx X.
Xxxxxx (the “Employee”).
RECITALS:
A. The
Company and the Employee entered into an Employment Agreement dated as of
January 2004, and amended on December 6, 2005, March 20, 2007, June 11, 2007 and
December 16, 2008 (the “Agreement”).
B. The
Company and Employee now desire to amend the Agreement as set forth
below.
AGREEMENT
1. Other Compensation and
Fringe Benefits. Section 4(d) of the Agreement is hereby
amended to extend the bonus provided for therein to fiscal year
2011.
2. Definitions. Terms
used but not defined in this Amendment shall have the respective meanings
assigned to them in the Agreement.
3. Counterparts. This
Amendment may be executed in multiple counterparts, each of which shall be
deemed an original, and all of which shall constitute one
Amendment.
4. Terms and Conditions of
Agreement. Except as specifically amended by this Amendment,
all terms and conditions of the Agreement shall remain in full force and
effect.
[Signature
Page Follows]
IN
WITNESS WHEREOF, this Amendment is executed by the undersigned as of the date
first written above.
| /s/ Xxxx X. Xxxxxx | ||
| Xxxx X. Xxxxxx | ||
| CKE Restaurants, Inc. | |||
| By: | /s/ Xxxxxx X. Xxxxxx | ||
| Xxxxxx X. Xxxxxx, | |||
| Chief Executive Officer | |||
