Exhibit 4.9
[Enodis Corporation Letterhead]
April 9, 2001
Xx. Xxxxxx X. Xxxxx
000 Xxxxx Xxxx Xxxx
Xxx Xxxxxx, XX 00000
Re: Employment Agreement
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Dear Xxxxxx:
Reference is made to Section 3(d) of that certain Employment Agreement,
dated December 9, 1997 (as amended, the "Employment Agreement") between Enodis
Corporation, formerly known as Welbilt Corporation (the "Company") and you. The
Company and you have decided to amend Section 3(d) of the Employment Agreement
by adding the following at the end of Section 3(d) thereof:
"Notwithstanding the foregoing, if the termination of the Employment
pursuant to this Section 3(d) occurs following a change of control of
Enodis plc, the Company's parent, occurring on or prior to March 31,
2002, then, in such event, instead of the one year's continuation of
Base Salary provided for in clause (i) of this Section 3(d), Employee
shall be entitled to the continuation of the payment of the Base
Salary, at the rate in effect as of the date of termination, for a
period of two (2) years following the date of termination of the
Employment. For purposes of this Sction 3(d), a change of control of
Enodis plc means where any person (or persons acting in concert)
obtains "control" (as defined in Section 840 of the Income and
Corporation Taxes Act of 1988) of Enodis plc."
Except for the foregoing amendment, the Employment Agreement shall
otherwise remain in full force and effect. If the foregoing is in accordance
with your understanding and agreement, kindly execute this agreement where
indicated below.
Sincerely,
ENODIS CORPORATION
By: /s/ Xxxxxxx Xxxxx
ACCEPTED AND AGREED TO
AS OF THE DATE FIRST WRITTEN
ABOVE:
/s/ Xxxxxx Xxxxx
XXXXXX XXXXX
