SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
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Exhibit 10.5
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This Second Amendment to Employment Agreement (the “Amendment”) is entered into and effective as of the 8th of July 2005 (the “Effective Date”), by and among Xxxx Corp., a Delaware corporation (the “Company”), Xxxx Rental LLC, a Delaware limited liability company and a direct, wholly-owned subsidiary of the Company, Xxxx Finance Corp., a Delaware corporation and a direct, wholly-owned subsidiary of Xxxx Rental LLC, Xxxx Rental, Inc., a Delaware corporation and a direct, wholly-owned subsidiary of Xxxx Rental LLC, and Xxxx X. Xxxxx, an individual (the “Executive” and collectively with the Company, Xxxx Rental LLC, Xxxx Finance Corp. and Xxxx Rental, Inc., the “Parties”).
Recitals
WHEREAS, the Executive and the Company entered into an Employment Agreement, effective as of March 1, 2000 (the “Original Agreement”), where the Company and the Executive agreed to employ the Executive as Chief Financial Officer of the Company; and
WHEREAS, the Executive and the Company entered into the First Amendment to the Original Agreement, effective as of January 31, 2005 (the “First Amendment”); and
WHEREAS, the Executive and the Company desire to add Xxxx Rental LLC, Xxxx Finance Corp. and Xxxx Rental, Inc. as parties to the Original Agreement and the First Amendment.
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth in this Amendment, and for other good and valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree as follows:
Terms and Conditions
As of the Effective Date, the Original Agreement and the First Amendment are hereby amended to add Xxxx Rental LLC, Xxxx Finance Corp. and Xxxx Rental, Inc. as “Parties” (as the term is defined in each of the Original Agreement and First Amendment).
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IN WITNESS WHEREOF, the Company, Xxxx Rental LLC, Xxxx Finance Corp. and Xxxx Rental, Inc. have caused this Agreement to be executed by its duly authorized officer and the Executive has executed this Agreement as of the day and year first above written.
| XXXX CORP. | ||
| By: | /s/ | |
| Name: | ||
| Title: | ||
| XXXX RENTAL LLC | ||
| By: | /s/ | |
| Name: | ||
| Title: | ||
| XXXX FINANCE CORP. | ||
| By: | /s/ | |
| Name: | ||
| Title: | ||
| XXXX RENTAL, INC. | ||
| By: | /s/ | |
| Name: | ||
| Title: | ||
| EXECUTIVE | ||
| /s/ | ||
| Xxxx Xxxxx | ||
Second Amendment to Xxxx Xxxxx Employment Agreement
