EXHIBIT 10.6
[Letterhead of Xxxxxx'x Stores, Inc.]
May 1, 1997
Xx. Xxxxxxx X. Xxxxxxx
0000 Xxxxxxxxx Xxxxx
Xxxxxxx, Xxxxx 00000
Dear Herb:
This letter sets forth the terms and conditions of the amendment to the
Employment Agreement (the "Agreement") dated as of December 1, 1995 between
Xxxxxx'x Stores, Inc., and you.
Paragraph 5(g) of the Agreement shall be amended to add the following at the end
of that paragraph:
In addition to the foregoing, a Change of Control also shall occur when
any "person" (as such term is used in Sections 3(a)(9) and 13(d) of the
Securities Exchange Act of 1934, as amended (the "Exchange Act"))
becomes a "beneficial owner" (as such term is used in Rule 13d-3 under
the Exchange Act) of more than 50 percent of the Voting Stock of the
Company, except as may otherwise be provided for in a confirmed plan of
reorganization. "Voting Stock" shall mean capital stock of any class or
classes having general voting power under ordinary circumstances, in
the absence of contingencies, to elect the directors of a corporation.
This agreement shall become effective upon execution by both parties and
delivery of a fully executed document to the Company.
If you agree that the above sets forth our agreement regarding the terms and
conditions of the amendment to your Agreement, please sign and date this
agreement in the spaces provided below and return it to Xxx Xxxxxx.
Very truly yours,
/s/ Xxx X. Xxxxxx /s/ Xxxx Xxxxxx
Xxx X. Xxxxxx Xxxx Xxxxxx
Co-Chairman of the Board Co-Chairman of the Board
Accepted and Agreed:
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Date: May 1, 1997
