AMENDMENT NO. 1 TO AMENDED AND RESTATED SUPPLEMENTAL BENEFIT AGREEMENT
AMENDMENT
NO. 1 TO AMENDED AND RESTATED
This
Amendment No. 1 to the Amended and Restated Supplemental Benefit Agreement
(the
“Amendment”) is made and effective as of January 1, 2008 by and between Rural
Telephone Finance Cooperative, a District of Columbia cooperative corporation
(“RTFC”) and Xxxxxxx X. Xxxxxxxx (the “Executive”).
WHEREAS,
RTFC and the Executive are parties to that certain Amended and Restated
Supplemental Benefit Agreement dated as of December 4, 2006 (the
“Agreement”); and
WHEREAS,
RTFC and the Executive wish to
amend the Agreement in order to extend the term thereof from its current
termination date of February 28, 2009;
NOW,
THEREFORE, in consideration of the premises and mutual covenants herein
contained and for other good and valuable consideration, the parties hereby
agree as follows:
A.
Section 3 of the Agreement (encaptioned “Term of Service”) is hereby amended by
(i) replacing the date “February 28, 2009” stated therein with the date
“February 29, 2012”, and (ii) replacing the date “March 1, 2009” stated therein
with the date “March 1, 2012”.
B.
Section 5.5 of the Agreement
(encaptioned “Expiration of
Term”), is hereby
amended by replacing the phrase “February 28th
date” with the phrase “last
day of February”.
C.
This Amendment contains the entire agreement of the parties with respect to
the
matters set forth herein, and may only be amended by subsequent written
agreement of the parties hereto. This Amendment is governed by and is to be
construed and enforced in accordance with the laws of the State of
Virginia.
D.
Except as expressly amended hereby, each and every term, condition and provision
of the Agreement shall remain in full force and effect.
IN
WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
date
and year first above written.
RURAL
TELEPHONE FINANCE COOPERATIVE
By: /s/
Xxxxxxx
Xxxxxxx
Xxxxxxx
Xxxxxxx, President
/s/
Xxxxxxx X. Xxxxxxxx
Xxxxxxx X. Xxxxxxxx
Xxxxxxx X. Xxxxxxxx