SEVENTH AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
EXHIBIT 10.4
SEVENTH AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
THIS SEVENTH AMENDMENT (this “Amendment”) is made as of the 17th day of June, 2010
to that certain AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of May 15, 2002, as amended
(collectively, the “Employment Agreement”), by and between XXXXXXX X. XXXXXX (“Employee”) and XXX.
A. BANK CLOTHIERS, INC. (“Employer”).
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby
acknowledged, Employer and Employee, being the sole parties to the Employment Agreement, hereby
amend the Employment Agreement and agree as follows:
1. Subject to earlier termination as otherwise set forth in the Employment Agreement, the last
day of the Employment Period shall be January 28, 2012.
2. Effective on the day on which general salary increases, if any, become effective for other
employees of the Employer for fiscal 2010, Employee’s Base Salary shall be $280,000.
Except as specifically amended hereby, the Employment Agreement shall remain in full force and
effect according to its terms. To the extent of any conflict between the terms of this Amendment
and the terms of the remainder of the Employment Agreement, the terms of this Amendment shall
control and prevail. Capitalized terms used but not defined herein shall have those respective
meanings attributed to them in the Employment Agreement. This Amendment shall hereafter be deemed a
part of the Employment Agreement for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above
written.
XXX. A. BANK CLOTHIERS, INC.
By:
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/s/ X. Xxxx Black | /s/ XXXXXXX X. XXXXXX | ||||
| X. Xxxx Black, | XXXXXXX X. XXXXXX |
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| President-Chief Executive Officer |
