FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED EXECUTIVE SERVICES AGREEMENT
Exhibit 10.13
FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED
EXECUTIVE SERVICES AGREEMENT
EXECUTIVE SERVICES AGREEMENT
This Fourth Amendment (the “Amendment”) to that certain Second Amended and Restated
Executive Services Agreement dated as of November 30, 2009 (the “Employment Agreement”) by and
between Sacker Consultants, Inc. (the “Lender”), Xxxx Xxxxxx (the “Employee”) and The Film
Department Holdings, Inc., a Delaware corporation, as successor-in-interest to The Film
Department Holdings LLC, (the “Company”), is made as of April 27, 2010 (the “Effective
Date”), and is entered into by and between Company, Lender and Employee.
WHEREAS, Company, Lender and Employee have previously entered into the Employment
Agreement; and
WHEREAS, Company, Lender and Employee have agreed to amend specific terms of the
Employment Agreement in accordance with the terms set forth below. All capitalized terms not
defined herein shall have the meanings ascribed to such terms in the Employment Agreement.
NOW, THEREFORE, in consideration of the agreements made herein, the parties hereto agree
as follows:
1. The Employment Agreement is hereby amended by deleting both
references to “April 30, 2010” in Sections 1 and 4, and substituting “May 14, 2010” in
lieu thereof in both instances.
2. This Employment Agreement is intended to comply with Section 409A of
the Internal Revenue Code of 1986, as amended (the “Code”) and the regulations and
guidance promulgated thereunder (collectively, “Code Section 409A”) and will be
interpreted in a manner intended to comply with Code Section 409A.
IN WITNESS WHEREOF, the parties have duly executed this Fourth Amendment as
of the date first above written.
THE FILM DEPARTMENT HOLDINGS INC. | SACKER CONSULTANTS, INC. | |||||
/s/ Xxxx Xxxx | /s/ Xxxx Xxxxxx | |||||
By:
|
Xxxx Xxxx | By: | Xxxx Xxxxxx | |||
Its:
|
CEO | Its: | ||||
/s/ Xxxx Xxxxxx | ||||||
Xxxx Xxxxxx |