Exhibit 10
AMENDMENT NO. 6
TO
EMPLOYMENT AGREEMENT OF ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇.
This Amendment No. 6 is made this 13th day of September 2004, by and among
THE MIDDLEBY CORPORATION, a Delaware corporation, MIDDLEBY MARSHALL INC., a
Delaware corporation, (collectively the "Employer") and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇.
("Employee").
RECITALS
A. Employer and Employee are parties to that certain Employment Agreement
dated as of January 1, 1995, and as amended from time to time thereafter (the
"Employment Agreement").
B. Employer and Employee wish to amend the Employment Agreement to make
certain changes to Employee's compensation.
AGREEMENT
NOW THEREFORE the parties agree as follows:
1. Section 4 of the Employment Agreement is hereby amended by adding to the
end thereof the following new subsection (i):
"(i) 2005 Bonus. Notwithstanding anything contained in this Agreement
to the contrary, in the event that for any reason whatsoever other than
(i) termination of Employee's employment under Section 6(a) below, or
(ii) voluntary resignation by Employee prior to January 4, 2005,
Employer does not offer, on or before February 1, 2005, to extend the
term of this Agreement, or that an extension is offered and Employee
does not accept such offer on or before February 1, 2005, then, in
addition to all other amounts payable to Employee hereunder, Employer
shall pay to Employee, not later than February 15, 2005, the sum of
$500,000.
2. This Amendment No. 6 is effective as of the date hereof.
3. Except as above amended, the Employment Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF the parties hereto have executed this instrument on
the day and year first above stated.
THE MIDDLEBY CORPORATION ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇.
AND
MIDDLEBY MARSHALL INC.
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇.
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President and Chief Executive Officer
