WESTERN REFINING, INC. AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
EXHIBIT 10.4.1
AMENDMENT NO. 1 TO
EMPLOYMENT AGREEMENT
EMPLOYMENT AGREEMENT
This Amendment No. 1 to Employment Agreement (the “Amendment”) is effective December 31, 2008
(the “Effective Date”) by and between Western Refining GP, LLC (“Western”) and Xxxx Xxxxx
(“Executive”) and confirms the following Amendment No. 1 to Employment Agreement:
1. | The following paragraph shall be added to the end of the “Change in Control” definition set forth under Section 1.1: |
Notwithstanding any other provision set forth in the Agreement, for purposes of any amount or
award that is subject to Code Section 409A, a “Change in Control” as defined above will not be
treated as a change in control unless it also is a change in control as defined in the regulations
issued under Code Section 409A.
2. | Except as expressly modified by this Amendment, the terms and conditions of the Agreement remain in full force and effect. |
WESTERN REFINING GP, LLC | ||||||
By: | /s/ Xxxx X. Xxxxxx
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Name: | Xxxx X. Xxxxxx | |||||
Title: | Chief Executive Officer | |||||
EXECUTIVE | ||||||
By: | /s/ Xxxx Xxxxx
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Name: | Xxxx Xxxxx | |||||
Title: | Chief Financial Officer |