EXHIBIT 10.1
AMENDMENT TO EMPLOYMENT AGREEMENT
This Amendment to the Employment Agreement (as defined herein), effective
as of June 21, 2004, is made by and between XXXXX X. BOX, an individual resident
of Georgia ("BOX") and EBANK (the "EMPLOYER").
WHEREAS, the compensation committee of the Employer's holding company
approved an amendment to that certain Employment Agreement dated May 17, 2002,
by and between Box and the Employer (the "EMPLOYMENT AGREEMENT");
WHEREAS, this Amendment sets forth the terms and conditions of the
amendment as approved by the compensation committee of the Employer's holding
company;
NOW, THEREFORE, for and in consideration of the premises, the mutual
covenants contained herein and other good and valuable consideration, the
receipt, legal sufficiency and adequacy of which are hereby acknowledged, the
parties, each intending to be legally bound hereby, agree to amend the
Employment Agreement as follows:
1. The entire subparagraph (B) of Section 4(f) of the Employment
Agreement is amended by deleting such subparagraph (B) in its entirety and
inserting in lieu thereof the following:
(B) If the Employee terminates his employment within 30 days of a Change
in Control or if the Employer terminates the Employee Without Cause within
30 days of a Change in Control, all of the provisions of subsection (A)
above shall apply, except that the Employer shall pay the Employee in cash
within 15 days of such termination date one lump sum payment in an amount
equal to the Employee's then current annual base salary multiplied by four
(without taking into account the amount of the Term which may have elapsed
by such date).
2. Except to the extent this Amendment modifies the Employment
Agreement, all of the provisions of the Employment Agreement shall remain active
and in full effect.
IN WITNESS WHEREOF, the parties have caused their respective signatures to
be affixed to this Amendment, effective as of the date first above written.
ebank
/s/ Xxxx X. Xxxxxx
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Name: Xxxx X. Xxxxxx
Title: Chairman Compensation Committee
Employee
/s/ Xxxxx X. Box
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Xxxxx X. Box