CKE Restaurants, Inc. Amendment No. 3 To Employment Agreement
Exhibit 10.4
CKE Restaurants, Inc.
This Amendment No. 3 (the “Amendment”) to Employment Agreement is made effective as of
June 11, 2007, by and between CKE Restaurants, Inc. (the “Company”) and Xxxx X. Xxxxxx (the
“Employee”).
R E C I T A L S:
A. The Employee initially entered into an Employment Agreement, dated as of January 2004, with
Xxxxxx’x Food Systems, Inc., which Employment Agreement has been amended on December 6, 2005 and
March 20, 2007, and all of which have been assumed by the Company (the “Agreement”).
B. The Company and Employee now desire to amend the Agreement as set forth below.
AGREEMENT
1. Employment and Duties. Section 1 of the Agreement shall read in its entirety as
follows:
“1. Employment and Duties. Subject to the terms and conditions of this
Agreement, the Company employs the Employee to serve in an executive and managerial
capacity as Executive Vice President and Director of Training of the Company, and
the Employee accepts such employment and agrees to perform such reasonable
responsibilities and duties commensurate with the aforesaid positions as directed by
the Company’s Board of Directors or as set forth in the Articles of Incorporation
and the Bylaws of the Company. Any change in such titles or delegation of duties
inconsistent with such titles without the consent of Employee, shall be deemed a
termination without cause under Section 7(b) below.”
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, | ||||
| President and Chief Executive Officer | ||||
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