AMENDMENT NO. 1 TO RETENTION AGREEMENT
EXHIBIT 10.33
THIS AMENDMENT NO. 1 (“Amendment No. 1”) to the Retention Agreement referred to herein below,
dated as of December 4, 2006, by and between eFunds Corporation, a Delaware corporation (the
“Corporation”) and Xxxx X. Xxxxx (the “Executive”), recites and provides as follows:
RECITALS
WHEREAS, Executive entered into a Retention Agreement with the Corporation on November 3, 2004
(such agreement referred to herein as the “Retention Agreement”); and
WHEREAS, pursuant to this Amendment No. 1 the parties wish to amend the Retention Agreement as
provided below;
NOW, THEREFORE, in consideration of the mutual agreements hereinafter set forth and for other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
Company and the Recipient agree as follows:
AGREEMENT
1. Amendment.
Section 1 of the Retention Agreement is hereby amended to delete the words “third
anniversary” appearing therein and to substitute the words “fifth anniversary” therefor.
2. Definitions. Capitalized terms used and not defined in this Amendment No. 1 shall
have the meanings ascribed to such terms in the Retention Agreement.
3. Continuing Effect of Retention Agreement. Except as expressly provided herein to
the contrary, the Retention Agreement shall remain unaffected and shall continue in full force and
effect after the date hereof.
4. References to Retention Agreement. From and after the execution and delivery of
this Amendment No. 1, all references to the Retention Agreement in the Retention Agreement or any
other document executed or delivered in connection therewith shall be deemed a reference to the
Retention Agreement as amended hereby, unless the context expressly requires otherwise.
5. Counterparts. This Amendment No. 1 may be executed by one or more of the
parties to this Amendment on any number of separate counterparts (including counterparts delivered
by telecopy), and all of said counterparts taken together shall be deemed to constitute one and the
same instrument. Any such counterpart delivered by telecopy shall be effective as an original for
all purposes.
6. Governing Law. This Amendment No. 1 shall be governed by and construed in
accordance with the laws of the State of Delaware, without reference to principles of conflict of
laws.
| EFUNDS CORPORATION | ||||||
| By: | /s/ Xxxxx XxXxxxxxxx | |||||
| Name: Xxxxx XxXxxxxxxx | ||||||
| Title: EVP, Human Resources | ||||||
| XXXX X. XXXXX | ||||||
| By: | /s/ Xxxx X. Xxxxx | |||||
| Name: | ||||||
| Title: | ||||||
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