Exhibit B
FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT
THIS FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT is entered into as of the 18th
day of April, 2002 by and between HydroChem Holding, Inc., a Delaware
corporation (the "Employer"), and B. Xxx Xxxxxx, Jr., an individual (the
"Employee").
RECITALS
A. Employer and Employee entered into a certain Employment Agreement as of
December 15, 1993, which as amended by First, Second, Third and Fourth
Amendments thereto dated as of January 10, 1995, March 20, 1995, December 9,
1996, and April 9, 1998, respectively, provided the terms of employment of
Employee by Employer (the "Agreement").
B. Employer and Employee desire to further amend the Agreement as hereinafter
provided.
AGREEMENT
NOW THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1. Section 6 (d) of the Agreement, as said section was amended by the Second
Amendment, is further amended by (i) changing the semi colon to a period after
the word "home" in the 14th line of said section, and (ii) deleting in the same
line the phrase "provided such move is made on or prior to the four-year
anniversary of this Agreement."
2. Section 6 (f) of the Agreement, which was added by the Fourth Amendment, is
amended by deleting the phrase "Seven Thousand Dollars ($7,000)" in the third
line of said section and substituting the phrase "Twelve Thousand Five Hundred
Dollars ($12,500)" in lieu thereof.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties have duly executed this Fifth Amendment to
Employment Agreement as of the year and date first written above.
HydroChem Holding, Inc.
By: /s/ Xxxxxx Xxxxxxx
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Xxxxxx Xxxxxxx, Vice President and
Chief Financial Officer
EMPLOYEE
/s/ B. Xxx Xxxxxx, Jr.
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B. Xxx Xxxxxx, Jr.
In consideration of the premises and other good and valuable consideration,
the undersigned hereby unconditionally guarantees the punctual performance by
HydroChem Holding, Inc., of all its duties and obligations under this Fifth
Amendment to Employment Agreement.
HydroChem Industrial Services, Inc.
By: /s/ Xxxxxx Xxxxxxx
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Xxxxxx Xxxxxxx, Vice President and
Chief Financial Officer
