FIRST AMENDMENT TO SECOND AMENDED AND RESTATED EXECUTIVE SERVICES AGREEMENT
Exhibit 10.6
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED EXECUTIVE
SERVICES AGREEMENT
SERVICES AGREEMENT
This First Amendment (the “Amendment”) to that certain Second Amended and Restated
Executive Services Agreement dated as of November 30, 2009 (the “Employment Agreement”) by and
between Xxxx Xxxx (“Employee”) and The Film Department Holdings LLC, a Delaware limited
liability company (the “Company”), is made as of as of March 30, 2010 (the “Effective Date”),
and is entered into by and between Company and Employee.
WHEREAS, Company and Employee have previously entered into the Employment
Agreement.
WHEREAS, Company and Employee have agreed to amend specific terms of the Employment
Agreement in accordance with the terms set forth below. All capitalized terms not defined herein
shall have the meanings ascribed to such terms in the Employment Agreement.
NOW, THEREFORE, in consideration of the agreements made herein, the parties
hereto agree as follows:
1. The Employment Agreement is hereby amended by deleting both references to “April 1, 2010”
in Sections 1 and 4, and substituting “April 30, 2010” in lieu thereof in both instances.
2. This Employment Agreement is intended to comply with Section 409A of the Internal Revenue
Code of 1986, as amended (the “Code”) and the regulations and guidance promulgated thereunder
(collectively, “Code Section 409A”) and will be interpreted in a manner intended to comply with
Code Section 409A.
IN WITNESS WHEREOF, the parties have duly executed this Fourth Amendment as of
the date first above written.
THE FILM DEPARTMENT HOLDINGS LLC
| /s/ Xxxx Xxxxxx | /s/ Xxxx Xxxx | |||
By:
|
Xxxx Xxxxxx | Xxxx Xxxx | ||
Its:
|
President & COO | |||
1st Amendment to 2nd Amended and Restated Exec. Srvcs Agrmt.
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