THIRD AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Exhibit 10.46
THIRD AMENDMENT
TO
AMENDED AND
RESTATED EMPLOYMENT AGREEMENT
This Third Amendment to Amended and Restated Employment Agreement (this
“Third Amendment”), dated January 9, 2003, is entered into by and between St. Xxxx Knits, Inc., a California corporation (“Company”), and Xxxxx St. Xxxx Xxxx, an individual (“Executive”), and amends terms of that
certain Amended and Restated Employment Agreement, dated as of July 14, 1998, as amended, between the Company and Executive (the “1998 Agreement”). In consideration of the mutual covenants and agreement set forth herein, the parties hereto
agree as follows (all capitalized terms not defined herein shall have the meanings set forth in the 1998 Agreement).
1. Section IV.1(b)(vi) of the 1998 Agreement shall be deleted in its entirety.
2. Section IV.5(e)
of the 1998 Agreement shall be amended to delete the language “or 4.1(b)(vi)”.
3. Section IV.5(f) of
the 1998 Agreement shall be deleted in its entirety.
4. Section V.1 shall be amended to replace the notice
information for Xxxxx Xxxxxxx, Esq. with the following:
“Mr. Xxx Xxxxxx
Vestar Capital Partners
0000 00xx Xxxxxx, Xxxxx 0000
Xxxxxx, Xxxxxxxx 00000”
5. All other provisions contained in Article V of the 1998 Agreement
are incorporated into this Third Amendment by this reference.
6. All other terms and conditions of the 1998
Agreement, as amended, shall remain the same.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.
| “Company” | ||
| St. Xxxx Knits, Inc., a California corporation | ||
| By: |
/s/ Xxxxx Xxxxxxx | |
| Xxxxx Xxxxxxx Executive Vice President and Chief Financial Officer | ||
| “Executive” | ||
| /s/ Xxxxx St. Xxxx Xxxx
| ||
| Xxxxx St. Xxxx Xxxx | ||
| Approved as to Content: | ||
| Xxx Xxxxxx Chairman of the Board | ||
2
