AMENDMENT TO RESTATED EMPLOYMENT AGREEMENT
Exhibit 10.1
AMENDMENT
TO
This amendment (the “Amendment”) amends, effective as of November 1, 2007, the Restated
Employment Agreement (the “Agreement”) entered into as of November 29, 2006 by and between
BioScrip, Inc., formerly MIM Corporation, (the “Company”), and Xxxxxxx X. Xxxxxxxx (“Executive”).
WHEREAS, the Company and the Executive entered into the Agreement as of November 29, 2006; and
WHEREAS, the Agreement provides in subsection 3.7 thereof that any compensation payable by the
Company to the Executive that would not be deductible by the Company as a result of the limitations
of Section 162(m) of the Internal Revenue Code shall be deferred to and become payable in the next
subsequent taxable year of the Company in which such compensation would be deductible for Federal
tax purposes by the Company taking into account the limitations of Section 162(m).
WHEREAS, the Company and the Executive wish to amend the Agreement to delete subsection 3.8
thereof;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
| 1. | The Agreement is hereby amended to delete subsection 3.7 thereof. | ||
| 2. | Except as set forth herein, the terms and provisions of the Agreement shall remain unmodified and in full force and effect. |
IN WITNESS WHEREOF, each of the parties has cause this Amendment to be duly executed and
delivered in its name and on its behalf as of the date and year first above written.
| BIOSCRIP, INC. | ||||||
| By: | /s/ Xxxxx X. Xxxxxx | |||||
| Xxxxx X. Xxxxxx, Executive Vice President | ||||||
| /s/ Xxxxxxx X. Xxxxxxxx | ||||||
| Xxxxxxx X. Xxxxxxxx | ||||||
