SIXTH AMENDMENT TO THE COMMUNITY HEALTH SYSTEMS, INC. 401(K) PLAN
EXHIBIT 10.1
SIXTH AMENDMENT TO THE
COMMUNITY HEALTH SYSTEMS, INC. 401(K) PLAN
COMMUNITY HEALTH SYSTEMS, INC. 401(K) PLAN
WHEREAS, CHS/Community Health Systems, Inc. (the “Company”) has previously established and
currently maintains the Community Health Systems, Inc. 401(k) Plan (the “Plan”); and
WHEREAS, the Company has retained the right to amend the Plan in Section 8.1 of the Plan; and
WHEREAS, the Company’s parent corporation, Community Health Systems, Inc. (“CHS”), has
entered into an Agreement and Plan of Merger by and among CHS, Triad Hospitals, Inc. (“Triad”),
and FWCT-1 Acquisition Corporation, dated as of March 19, 2007 (the “Merger Agreement”), under
which a wholly-owned subsidiary of CHS will be merged with and into Triad, and Triad will become a
wholly-owned subsidiary of CHS (the “Merger”); and
WHEREAS, the Company desires to amend the Plan in connection with the Merger Agreement to
revise the definition of Compensation under the Plan and Exhibit A to the Plan relating to
eligibility.
NOW, THEREFORE, the Plan is hereby amended in the following respects, effective as of the
times set forth herein:
1. The following shall be added as the last sentence of Section 1.10 of the Plan,
“Compensation,” effective immediately prior to the Effective Time (as defined in the Merger
Agreement) of the Merger:
Notwithstanding the foregoing, Compensation shall not include wages, salaries,
and fees for professional services and other amounts received (without regard to
whether or not an amount is paid in cash) for personal services actually rendered
in the course of employment with Triad Hospitals, Inc. or any of its subsidiaries.
2. Exhibit A of the Plan is hereby deleted and replaced in its entirety in substantially the
same form as set forth in the Exhibit attached hereto, effective immediately prior to the
Effective Time.
3. Except as otherwise provided in this Sixth Amendment, the Plan shall remain in full force
and effect.
4. This amendment is subject to the closing of the transaction contemplated by the Merger
Agreement.
SIGNED
this 24th day of July, 2007, effective as of the times set forth herein.
CHS/COMMUNITY HEALTH SYSTEMS, INC. |
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By: | /s/ Xxxxx Xxxxxxx | |||
Title: Vice President | ||||