AMENDMENT NO. 4 TO EXECUTIVE EMPLOYMENT AGREEMENT
Exhibit 10.7(e)
AMENDMENT NO. 4 TO EXECUTIVE EMPLOYMENT AGREEMENT
This Amendment No. 4 to Executive Employment Agreement (this “Amendment”) is made as of
November 1, 2003 (the “Amendment Date”), by and between BMC Software, Inc., a Delaware corporation
(the “Employer”), and Xxx Xxxxxx, an individual resident of Xxxx Xxxxxxxx, Israel (the
“Executive”). The Employer and the Executive are each a “party” and are together “parties” to this
Amendment.
WHEREAS, the parties have previously entered into an Employment Agreement dated as of April 1,
2000 (the “Agreement”), and the parties wish to amend the Agreement to provide for an automatically
renewing “Employment Period,” as defined in the Agreement, on the terms described herein.
NOW THEREFORE, in consideration of the extension of the Employment Period provided for
hereunder and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties, intending to be legally bound, agree as follows, effective as of
the Amendment Date:
1. Section 2.2 of the Agreement shall be deleted and the following shall be substituted
therefor:
“2.2 EMPLOYMENT PERIOD
Subject to the provisions of Section 6, the term of the Executive’s
employment under this Agreement will commence upon the Amendment Date and shall
continue in effect through the third anniversary of the Amendment Date (the
“Employment Period”); provided, however, that, subject to the provisions of
Section 6, commencing on November 2, 2003 and on each day thereafter, the
Employment Period shall be automatically extended for one additional day unless
the Employer shall give written notice to Executive that the Employment Period
shall cease to be so extended, in which event the Employment Period shall
terminate on the third anniversary of the date such notice is given. The
Employment Period may be further extended by mutual agreement of the parties.”
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2. Except as amended hereby, the Agreement is specifically ratified and reaffirmed.
IN WITNESS WHEREOF, the parties have executed and delivered this Amendment as of the date
first written above.
EMPLOYER:
BMC Software, Inc.
By: /s/ XXXXXX XXXXX
Name: Xxxxxx Xxxxx
Title: Senior Vice President of Administration
Name: Xxxxxx Xxxxx
Title: Senior Vice President of Administration
EXECUTIVE:
/s/ XXX XXXXXX
Xxx Xxxxxx
Xxx Xxxxxx