EXHIBIT 10.30
[LETTERHEAD OF PINKERTON]
December 5, 1997
Xx. Xxxxx X. XxXxxxxxx
Executive Vice President and
Chief Financial Officer
Xxxxxxxxx'x, Inc.
00000 Xxxxxxx Xxxxxxxxx, Xxxxx 000
Xxxxxx, Xxxxxxxxxx 00000-0000
Dear Xxx:
Reference is made to the letters dated September 1 and December 9, 1994 and
February 15, 1995 (collectively the "Employment Agreement"), which summarize
certain terms of your employment with Xxxxxxxxx'x, Inc. (the "Company"). The
letters constituting the Employment Agreement are attached as Exhibit "A". In
order to clarify certain provisions contained in the Employment Agreement, the
Employment Agreement is hereby amended as follows:
1. The December 9, 1994 Letter
---------------------------
Paragraph III 2 (B) is amended by deleting subclause (i) and replacing it with
the following:
(i) "2 times the sum of (x) the Executive's base salary in effect on such
date of termination plus (y) the bonus to which the executive was
entitled and/or which he received for the fiscal year immediately
preceding the termination and" . . .
Paragraph III 2 is amended by adding after clause (B) the following paragraph:
"The Executive's bonus plan and/or individual performance objectives in effect
for the fiscal year in which a Change of Control occurs shall not be modified
during the Termination Period without the Executive's Consent."
2. The September 1, 1994 Letter
----------------------------
The last sentence of the paragraph titled "Supplemental Retirement Income Plan"
shall be deleted and replaced with the following:
Xx. Xxxxx XxXxxxxxx
December 5, 1997
Page 2
"In the unlikely event the Board cancels your participation in the Plan, whether
by removing you from the Plan, terminating the Plan or any other action which
terminates your participation, an equivalent program will be provided to you
during your continued employment."
3. Except as amended herein, the remaining provisions of the Employment
Agreement shall remain in full force and effect.
4. This amendment shall become effective upon your execution hereof in the
space provided below.
Sincerely,
/s/ Xxxx X. Xxxxxxxxx
---------------------
Xxxx X. Xxxxxxxxx
Acknowledged and Accepted on this
5th/ day of December, 1997.
/s/ Xxxxx X. XxXxxxxxx
----------------------
Xx. Xxxxx X. XxXxxxxxx
Exhibit "A" to the Supplemental Letter Agreement dated December 5, 1997 was
previously filed as Exhibit 10.14 to Form 10-K for Fiscal Year ended December
30, 1994 and is incorporated herein by reference.
