AMENDMENT TO DEFERRED STOCK UNIT AGREEMENT
EXHIBIT 10.7
AMENDMENT
TO
A. The
Deferred Stock Unit Agreement (the “Agreement”) dated as of February 28, 2006 by
and between Boston Scientific Corporation (the “Company”) and Xxxxx X. Xxxxx
(the “Participant”) governing the award of 250,000 Deferred Stock Units is
hereby amended as follows solely to reflect the requirements of Section 409A of
the Internal Revenue Code of 1986, as amended:
1. Section 3
of the Agreement is hereby amended by deleting the phrase “the Participant’s
termination of employment” in the first sentence thereof and substituting
therefor the phrase “the Participant’s Separation from Service as determined in
accordance with the presumptions set forth in Treasury Regulations Section
1.409A-1(h) (‘Separation from Service’).”
2. Section 8
of the Agreement is hereby amended by deleting the phrase “the Participant’s
termination of employment” in the last sentence thereof and substituting
therefor the phrase “the Participant’s Separation from Service.”
B. Except as
amended herein, the Agreement is confirmed in all other respects.
C. The
effective date of this Amendment is as of January 1, 2009.
Executed
this __________ day of December, 2008 by the parties hereto and, in the case of
the Company, by its duly authorized officer.
BOSTON SCIENTIFIC CORPORATION | |||
|
By:
|
||
Title | |||
Xxxxx X. Xxxxx, Participant |