FIRST AMENDMENT TO THE THIRD AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Exhibit
10.6
FIRST
AMENDMENT
TO
THE
THIRD
AMENDED AND RESTATED
THIS
FIRST AMENDMENT TO THE THIRD AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the
"Amendment") is made and entered into as of February 26, 2007, by and among
Alpha
Natural Resources Services, LLC,
on
behalf of itself and its parent entities, subsidiaries and affiliates as may
employ the Employee from time to time (collectively, the "Employer"), and
Xxxxxxx
X. Xxxxxxx
(the
"Employee").
WHEREAS,
the Employee and Employer entered into that certain Third Amended and Restated
Employment Agreement effective as of January 1, 2006 (the "Employment
Agreement"), and the Employee and Employer wish to amend the Employment
Agreement in this Amendment;
NOW
THEREFORE, in consideration of the mutual promises contained herein, the
Employee and Employer hereby agree as follows:
|
1.
|
Section
1.2 of the Employment Agreement is deleted in its entirety and replaced
with the following:
|
Beginning
as of the Effective Date, Employee shall continue to be employed by Employer
and
be the Chief Executive Officer of Alpha Natural Resources, Inc., the indirect
parent of Employer ("Alpha Natural Resources"), and shall be nominated for
re-election to the Board of Directors (the "Board of Directors") of, Alpha
Natural Resources. Employee shall report to the Board of Directors of Alpha
Natural Resources. Employee shall serve in the assigned position or in such
other executive capacities as may be agreed to, from time to time, between
Employee and Employer, the Board of Directors, and/or the Employer Entities
(as
defined below). Employee agrees to perform diligently and to the best of
Employee's abilities, and in a trustworthy, businesslike and efficient manner,
the duties and services pertaining to such position as reasonably determined
by
Employer and the Board of Directors, as well as such additional or different
duties and services appropriate to such position which Employee from time to
time may be reasonably directed to perform by the Board of Directors and/or
Employer.
|
2.
|
By
executing this Amendment, the Employee hereby acknowledges, confirms
and
consents to the subject matter of this
Amendment.
|
|
3.
|
Any
capitalized term contained herein that is not defined in this Amendment
shall have the meaning as set forth in the Employment
Agreement.
|
|
4.
|
Except
as amended hereby, the Employment Agreement shall remain in full
force and
effect.
|
|
5.
|
This
Amendment may be executed in counterparts, each of which shall be
deemed
to be an original but all of which taken together will constitute
one and
the same instrument.
|
IN
WITNESS WHEREOF, this Amendment is executed as of the date set forth
above.
|
EMPLOYEE
|
ALPHA
NATURAL RESOURCES SERVICES, LLC
|
|||
|
/s/
Xxxxxxx X. Xxxxxxx
|
By:
|
/s/
Xxxxxx X. Xxxxxx
|
||
|
Name:
Xxxxxxx X. Xxxxxxx
|
Name:
|
Xxxxxx
X. Xxxxxx
|
||
|
Title:
|
Vice
President
|
|||
