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Exhibit 10.39
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
This Amendment No. 1 to Employment Agreement (this "Amendment") is made
and entered into as of January 1, 1999, by and between Xxxxxx Co., a
Pennsylvania corporation (the "Company"), successor by merger to Xxxxxx
Management Co. ("WMC") and ______________________ ("Executive").
WHEREAS, WMC and Executive entered into an Employment Agreement as of
November 24, 1997 (the "Agreement") which govern the terms and conditions of
Executive's employment with the Company; and
WHEREAS, on June 30, 1998, WMC was merged with and into the Company
with the Company being the surviving corporation; and
WHEREAS, the Company and Executive desire to enter into this Amendment
to amend certain terms of the Agreement.
NOW THEREFORE, the Company and Executive agree as follows:
1. AMENDMENT TO PERFORMANCE BASED COMPENSATION.
Section 3.2 of the Agreement shall be amended by deleting the second
sentence following the chart contained in Section 3.2, which sentence reads as
follows: "The EBITDA targets for the 1999, 2000, 2001 and 2002 fiscal years are
set out in Exhibit 2, attached." In addition, Exhibit 2 of the Agreement is
hereby deleted in its entirety.
2. REMAINING PROVISIONS.
All provisions of the Agreement not otherwise amended by this Amendment
shall remain in full force and effect.
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IN WITNESS WHEREOF, this Amendment has been duly executed as of the day
and year first above written.
XXXXXX CO., a Pennsylvania
Corporation
By: ________________________
Title: ________________________
EXECUTIVE
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