SunCom Wireless Management Company, Inc. 1100 Cassatt Road Berwyn, Pennsylvania 19312 December 2, 2005
Exhibit 10.23
SunCom Wireless Management Company, Inc.
0000 Xxxxxxx Xxxx
Xxxxxx, Xxxxxxxxxxxx 00000
0000 Xxxxxxx Xxxx
Xxxxxx, Xxxxxxxxxxxx 00000
December 2, 2005
Xx. Xxxxxxx X. Xxxxxxxx
0000 Xxxxxxx Xxxx
Xxxxxx, XX 00000
0000 Xxxxxxx Xxxx
Xxxxxx, XX 00000
Dear Xx. Xxxxxxxx:
You previously entered into an employment agreement with SunCom Wireless Management Company,
Inc. (f/k/a Triton Management Company, Inc.) (the “Company”) dated March 7, 2005 (the “Existing
Employment Agreement”). Except as otherwise defined herein, all capitalized terms used herein
shall have the meanings set forth in the Existing Employment Agreement.
The Existing Employment Agreement’s current term is scheduled to expire on February 3, 2006
but will automatically extend for a one-year renewal term in the absence of either party providing
a notice of nonrenewal prior to the close of business on Monday, December 5, 2005 (the “Notice
Deadline”).
As you know, we are currently negotiating the terms of an amendment to your Existing
Employment Agreement. In light of the numerous projects in which you are currently involved on
behalf of the Company and its parent SunCom Wireless Holdings, Inc. (“SunCom”), and the likelihood
that the proposed amendment will not be finalized by the Notice Deadline, the Company in this
letter agreement (this “Agreement”) hereby agrees to modify the terms of your Existing Employment
Agreement as set forth below:
1. Notice Deadline. The Notice Deadline by which either party is required to give a
notice of nonrenewal of the Existing Employment Agreement is hereby extended to the close of
business on Wednesday, December 21, 2005. Notwithstanding the foregoing change, the expiration
date of the Existing Employment Agreement’s current term shall continue to be February 3, 2006.
2. All Other Provisions Remain Effective. Except as otherwise expressly modified
under this Agreement, all other terms and conditions of the Existing Employment Agreement shall
continue in full force and effect and are hereby ratified and confirmed. In the event of any
inconsistency between the provisions of the Existing Employment Agreement and the provisions of
this Agreement, the provisions of this Agreement shall control.
Xx.
Xxxxxxx X. Xxxxxxxx
December 2, 2005
Page 2
December 2, 2005
Page 2
Please evidence your acceptance of the foregoing modifications to the Existing Employment
Agreement by executing this Agreement where provided below and returning it to me, whereupon this
Agreement shall constitute the legally valid and binding obligation of the parties hereto,
enforceable against such parties in accordance with its terms, and future references to your
Employment Agreement shall mean the Existing Employment Agreement as amended by this Agreement.
SunCom Wireless Management Company, Inc. |
||||
By: | /s/ Xxxxx X. Xxxxx | |||
Name: | Xxxxx X. Xxxxx | |||
Title: | Executive Vice President and CFO | |||
Executive | ||||
/s/ Xxxxxxx X. Xxxxxxxx | ||||
XXXXXXX X. XXXXXXXX | ||||