Exhibit 10.15
AMENDMENT TO
EMPLOYMENT AGREEMENT
This Amendment to the Employment Agreement (this "Amendment"), dated as of
June 1, 2005, is made by and between Builders FirstSource, Inc., a Delaware
corporation (the "Company") and Xxxxx Xxxxxxx (the "Executive").
WHEREAS, the Company and the Executive have entered into the Employment
Agreement, dated as of September 1, 2001 (the "Employment Agreement"); and
WHEREAS, the parties desire to make certain amendments to the Employment
Agreement.
NOW, THEREFORE, in consideration of the mutual agreements, covenants,
representations and warranties set forth herein, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, and
intending to be legally bound hereby, the parties hereto agree as follows:
1. Capitalized Terms. Capitalized terms used herein without definition shall
have the meanings assigned to such terms in the Employment Agreement.
2. The Employment Agreement is hereby amended by deleting Section 3 in its
entirety and replacing Section 3 with the following:
"3. Position. During the Term, Executive shall serve as President and CEO
of the Company, supervising the conduct of the business and affairs of the
Company and performing such other duties as the Company Board shall
determine."
3. Limited Effect. This Amendment is limited precisely as written and shall
not be deemed to be an amendment to any other term or condition of the
Employment Agreement or any of the documents referred to therein. Wherever
the Employment Agreement is referred to in the Employment Agreement or in
any other agreements, documents, instruments, or certificates, such
reference shall be to the Employment Agreement as amended hereby. Except as
expressly amended hereby, the terms and conditions of the Employment
Agreement shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in one or more counterparts,
and by different parties hereto in separate counterparts, each of which
when executed shall be deemed to be an original but all of which taken
together shall constitute one and the same agreement and may be executed in
the original but transmitted by facsimile to all parties with the same
force and effect as if an original, executed copy thereof had been
delivered to all parties.
5. Governing Law. This Amendment will be governed by and construed in
accordance with the laws of the State of Delaware, without regard to its
conflicts of law principles.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Amendment as of the date first above written.
BUILDERS FIRSTSOURCE, INC.
By: /s/ Xxxxxx X. XxXxxxxxx
----------------------------
Name: Xxxxxx X. XxXxxxxxx
Title: Senior Vice President
EXECUTIVE
/s/ Xxxxx Xxxxxxx
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Xxxxx Xxxxxxx
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