FIFTH AMENDMENT TO EXECUTIVE AGREEMENT
Exhibit 10.21
FIFTH AMENDMENT TO EXECUTIVE AGREEMENT
THIS FIFTH AMENDMENT TO EXECUTIVE AGREEMENT is made and entered into as of the 13th day of May, 2011, by and among Xxxxxx’x Acquisition Corp., a Delaware corporation (the “Company”), Xxxxxx’x Supermarkets, Inc. (f/k/a/ “Xxxxxx’x, Inc.”), a Wisconsin corporation (“Xxxxxx’x”) and Xxxxxx X. Xxxxx (“Executive”).
The Company, Xxxxxx’x and Executive are parties to an “Executive Agreement” dated as of June 6, 2002, and amended as of February 21, 2007, June 5, 2008, March 25, 2009 and May 12, 2010 (collectively, as amended, the “Original Agreement”), pursuant to which, among other things, Executive has acquired certain shares of the capital stock of the Company and is employed by Xxxxxx’x. The parties wish to amend the Original Agreement pursuant to the terms herein.
NOW THEREFORE, the parties agree that Section 13(a) of the Original Agreement is hereby amended to change the word “ninth” as it appears in that section to “tenth.” In all other respects the Original Agreement shall remain in full force and effect in accordance with its original terms.
IN WITNESS WHEREOF, the parties have executed this Fifth Amendment, as of the date first written above.
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XXXXXX’X ACQUISITION CORP. |
XXXXXX’X SUPERMARKETS, INC. | |||
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By: |
/s/ Xxxx X. Xxxxxx |
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By: |
/s/ Xxxxxx X. Xxxx |
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Xxxx X. Xxxxxx, Vice President & Sec’y |
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Xxxxxx X. Xxxx, Group V. P. - Legal, Risk & Treasury |
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EXECUTIVE: |
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/s/ Xxxxxx X. Xxxxx |
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Xxxxxx X. Xxxxx |
By their signatures below, the undersigned “Investors” (as that term is defined in the Original Agreement), collectively holding a majority of the common and preferred stock of the Company, hereby consent to and approve the foregoing Fifth Amendment to Executive Agreement.
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XXXXXX XXXXX & PARTNERS III, L.P. |
XXXXXX XXXXX & PARTNERS DUTCH III-A, L.P. | |||
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By: |
/s/ Avy X. Xxxxx |
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By: |
/s/ Avy X. Xxxxx |
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Avy X. Xxxxx, Manager |
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Avy X. Xxxxx, Manager |
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XXXXXX XXXXX & PARTNERS DUTCH III-B, L.P. |
XXXXXX XXXXX & PARTNERS III-C, L.P. | |||
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By: |
/s/ Avy X. Xxxxx |
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By: |
/s/ Avy X. Xxxxx |
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Avy X. Xxxxx, Manager |
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Avy X. Xxxxx, Manager |
