NBTY, INC. and SUBSIDIARIES THIRD AMENDMENT TO EXECUTIVE CONSULTING AGREEMENT
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NBTY, INC. and SUBSIDIARIES
THIRD AMENDMENT TO EXECUTIVE CONSULTING AGREEMENT
This Amendment (the "Amendment") is made as of the 1st day of January, 2005, by and between NBTY, Inc. (the "Company") and XXXXXXX MANAGEMENT ASSOCIATES, INC., a Florida corporation ("RMA").
WHEREAS, the Company and RMA entered into that certain Executive Consulting Agreement, dated as of January 1, 2002 (the "Agreement");
WHEREAS, the Committee decided amend certain terms of the Agreement.
1. Section 3(a). Section 3(a) of the Agreement is hereby amended to include at the beginning of that Section the following phrase:
"In addition to any director fees otherwise payable to XXXXXX XXXXXXX,".
2. Section 3(b). Section 3(b) of the Agreement is hereby amended and restated to read in its entirety as follows:
"(b) Benefits. XXXXXX XXXXXXX shall also be provided by the Company with such fringe benefits (including providing a leased vehicle, life and medical insurance) as the Company generally provides for any group or class of executives of which XXXXXX XXXXXXX would have been a member had he been employed by the Company."
3. Continuity. Except as otherwise expressly amended by this Amendment, the Agreement, the First Amendment and the Second Agreement shall continue in full force and effect.
4. Governing Law; Counterparts. This Amendment shall be construed and enforced according to the laws of the State of New York. This Amendment may be executed in any number of counterparts, each of which shall be considered an original for all purposes, and all of which when taken together shall constitute a single counterpart instrument.
XXXXXXX MANAGEMENT ASSOCIATES, INC. | NBTY, INC. | |||||
By: |
/s/ XXXXXX XXXXXXX Xxxxxx Xxxxxxx President |
By: |
/s/ XXXXXX XXXXX Xxxxxx Xxxxx President |
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Agreed and Consented: |
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/s/ XXXXXX XXXXXXX XXXXXX XXXXXXX, individually |
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NBTY, INC. and SUBSIDIARIES THIRD AMENDMENT TO EXECUTIVE CONSULTING AGREEMENT
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