SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
Exhibit
10.10
SECOND
AMENDMENT TO EMPLOYMENT AGREEMENT
This
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this “Second Amendment”) is made and
entered into effective as of February 24, 2009, by and between Forward Air
Corporation, a corporation organized under the laws of the State of Tennessee
(the “Company”), and Xxxxx X. Xxxxxxxx (the “Executive”).
WHEREAS,
the Company and the Executive entered into an Employment Agreement, effective as
of October 30, 2007 (the “Employment Agreement”);
WHEREAS,
the Employment Agreement was amended by the Amendment to the Employment
Agreement dated December 30, 2008 (hereinafter the “First
Amendment”);
WHEREAS,
section 11(c) of the Employment Agreement specifies that the Employment
Agreement may be amended only by an instrument in writing signed by the
parties;
For and
in consideration of the mutual covenants and agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree to amend the Employment Agreement
as follows:
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1.
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Section
4 is hereby amended in its entirety to read as
follows:
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TERM. The term of this
Agreement shall be for a fixed period from the date of its execution by both
parties until 5:00 p.m. on December 31, 2012.
2. In
all other respects, the Employment Agreement, as amended by the First Amendment,
is hereby ratified and confirmed.
IN WITNESS WHEREOF, the
Company and the Executive have executed this Amendment as of the date first
written above.
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By:
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/s/
Xxxxx X. Xxxxxxxx
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Xxxxx
X. Xxxxxxxx
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FORWARD
AIR CORPORATION
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By:
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/s/
Xxxxxx X. Xxxx
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Xxxxxx
X. Xxxx
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Its:
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Chief
Financial Officer, Senior
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Vice
President and
Treasurer
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