EXHIBIT 10.4
AMENDMENT NO. 1 to
EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. 1 ("Amendment") dated as of May 8, 2003, entered into by
and among Talk America Holdings, Inc., a Delaware corporation (the "Company"),
and Xxxxxx Xxxxxxxxx ("Employee").
W I T N E S S E T H :
------------------------------
WHEREAS, the Company and Employee are parties to an Employment Agreement
dated as of March 8, 2000, (the "Agreement") pursuant to which the Company
employs Employee as its Senior Vice President - Operations; and
WHEREAS, the Company and Employee desire to amend the Agreement as provided
herein.
NOW THEREFORE, in consideration of the foregoing, the mutual covenants set
forth herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the undersigned hereby agree as
follows:
1. Section 2 of the Agreement is hereby amended in its entirety to read as
follows:
"2. TERM OF AGREEMENT. The term of Employee's employment hereunder shall
commence on April 3, 2000 (the date when Employee commences employment
hereunder, the "Commencement Date") and shall continue in effect until May 8,
2006, except as hereinafter provided (the "Term")."
IN WITNESS WHEREOF, each of the parties hereto has executed this Amendment
as of the day and year first written above.
TALK AMERICA HOLDINGS, INC. EMPLOYEE
By: /s/ Xxxxxxxx X. Lawn IV /s/ Xxxxxx Xxxxxxxxx
-------------------------- ------------------------
Name: Xxxxxxxx X. Lawn IV Xxxxxx Xxxxxxxxx
Title: EVP - General Counsel
and Secretary
