SOMAXON PHARMACEUTICALS, INC. AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
Exhibit 10.4
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
This Amendment No. 1 (this “Amendment”) is made and entered into as of September 15,
2010 (the “Effective Date”), and amends the Employment Agreement (the “Employment Agreement”)
between Somaxon Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Xxxx
Xxxxxx, an individual (“Executive”) dated April 12, 2010. Except as otherwise set forth herein,
all capitalized terms have the same meaning as set forth in the Employment Agreement.
W I T N E S S E T H:
Whereas, the Company desires to amend the Employment Agreement with Executive to
extend the housing allowance for an additional six (6) months.
Now, Therefore, in consideration of the premises and the mutual covenants hereinafter
set forth, and intending to be legally bound hereby, it is hereby agreed as follows:
| 1. | The third sentence of Section 7(b) is amended and restated in its entirety as follows: |
“The Company shall reimburse Executive for (1) reasonable temporary living expenses
in the San Diego, California area until Executive’s permanent relocation to such
area, (2) a monthly housing allowance of up to $4,250 until April 12, 2011, and (3)
the transportation costs for one round-trip every four weeks for Executive between
the Xxx Xxxxxxxxx Xxx Xxxx xxx Xxx Xxxxx, Xxxxxxxxxx until Executive’s permanent
relocation to the San Diego, California area.”
In Witness Whereof, the parties have executed this Amendment as of the date first
above written.
| COMPANY: Somaxon Pharmaceuticals, Inc. |
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| By: | /s/ Xxxxxxx X. Xxxxxx | |||
| Name: | Xxxxxxx X. Xxxxxx | |||
| Title: | President and Chief Executive Officer | |||
| EXECUTIVE: |
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| /s/ Xxxx Xxxxxx | ||||
| Xxxx Xxxxxx | ||||
