Contract
Exhibit 10.1
SECOND AMENDMENT TO
EMPLOYMENT AGREEMENT
THIS
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this “Second Amendment”) is made and
entered into effective as of July 1, 2009, by and between LMI AEROSPACE, INC., a
Missouri corporation (the “Corporation”), and Xxxxxx X. Xxxx
(“Employee”).
WHEREAS, the Corporation and
Employee entered into that certain Employment Agreement effective as of January
1, 2008, as amended as of April 24, 2008 (collectively the “Agreement”);
and
WHEREAS, the Corporation and
Employee desire to amend the Agreement again as provided in this Second
Amendment;
NOW, THEREFORE, the
Corporation and Employee hereby agree as follows:
1. The
Base Salary referenced in Section 3(A) of the Agreement shall be changed to
$310,000.00 effective July 1, 2009
2. All
references in the Agreement to this “Agreement” and any other references of
similar import shall henceforth mean the Agreement as amended by this Second
Amendment.
3. Except
to the extent specifically amended by this Second Amendment, all of the terms,
provisions, conditions, covenants, representations and warranties contained in
the Agreement shall be and remain in full force and effect and the same are
hereby ratified and confirmed.
4. This
Second Amendment shall be binding upon and inure to the benefit of the
Corporation and Employee and their respective heirs, executors, administrators,
legal administrators, successors and permitted assigns.
5. This
Second Amendment shall be governed by and construed in accordance with the
substantive laws of the State of Missouri (without reference to conflict of law
principles).
The
parties have executed this Second Amendment as of the date first
above-written.
LMI
AEROSPACE, INC.
(“Corporation”)
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By:
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/s/
Xxxxxxxx X. Xxxxxxxxx
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Title:
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Xxxxxxxx X.
Xxxxxxxxx
Vice
President, Chief Financial Officer and Secretary
(Principal
Financial Officer and Principal Accounting
Officer)
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/s/
Xxxxxx X. Xxxx
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Xxxxxx
X. Xxxx
(“Employee”)
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