September 11, 2006
Exhibit 10.6
September
11, 2006
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. (the “Company”) dated as of March 7, 2005 (the “Original Employment Agreement”) and thereafter
amended by a certain Letter Agreement (the “First 2005 Letter Agreement”) dated December 2, 2005
and a certain Letter Agreement (the “Second 2005 Letter Agreement”) dated December 14, 2005. The
Original Employment as amended by the First 2005 Letter Agreement and the Second 2005 Letter
Agreement is refereed to herein as the “Existing Employment Agreement.” Except as otherwise
defined herein, all capitalized terms shall have the meaning set forth in the Existing Employment
Agreement.
In accordance with the mutual desires of you and the Company, the latter in this letter
agreement (this “Agreement”) hereby agrees to modify the terms of your Existing Employment
Agreement as set forth below, effective as of the date this Agreement is executed:
1. Benefits Payable Upon Termination. Section 5(b)(iii) of the Existing Employment
Agreement is deleted in its entirety and replaced with the following:
If termination occurs pursuant to any manner described in Paragraphs
5(a)(ii), (iii), (v) or (vi), or by the Company by notice of
non-renewal of the Agreement, any unvested shares of SunCom Wireless
PCS Holdings, Inc. Wireless stock owned by Executive (and that are
subject to the terms of a restricted stock award letter agreement or
comparable agreement) on such date shall vest immediately upon such
termination.
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 terms of the Existing Employment Agreement and the terms of this
Agreement, the terms of this Agreement shall control.
Please evidence your acceptance of the previous modification 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.
Xx. Xxxxxxx X. Xxxxxxxx
September 11, 2006
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September 11, 2006
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Pending execution of this Agreement or in the event you elect not to accept this offer, your
employment shall continue under the terms of the Existing Employment Agreement.
SunCom Wireless Management Company, Inc. | ||||
By: | /s/ Xxxxx X. Xxxx-Xxxxxx | |||
Xxxxx X. Xxxx-Xxxxxx | ||||
Senior Vice President, Human Resources | ||||
Executive | ||||
/s/ Xxxxxxx X. Xxxxxxxx | ||||
XXXXXXX X. XXXXXXXX |