SECOND AMENDMENT TO PEABODY ENERGY CORPORATION EMPLOYMENT AGREEMENT (For Listed Officers)
Exhibit 10.60
THIS AMENDMENT (this “Amendment”) is entered into as of the date set forth on the
signature page hereof, by and between Peabody Energy Corporation, a Delaware corporation (the
“Company”) and Xxxxxx X. Xxxxxxx (the “Executive”).
RECITALS
WHEREAS, the Company and Executive previously entered into that certain Employment
Agreement dated May 19, 1998 (the “Employment Agreement”);
WHEREAS, the Company deems it appropriate, for purposes of providing Executive with
adequate incentive to continue to serve in Executive’s current position with the Company, to
provide Executive with added protection in the event of certain corporate transactions;
WHEREAS, pursuant to Section 10 of the Employment Agreement, the Employment Agreement
may be amended by written agreement of the parties thereto;
NOW, THEREFORE, the parties hereto have agreed to amend the Employment Agreement as
follows:
I.
Section 6(l)(d)(i) of the Employment Agreement is hereby amended by
deleting the words “; provided, however, that such Gross-Up Payment shall not exceed
$459,422” at the end thereof.
II.
In all other respects, the Employment Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment has been executed and delivered by the parties hereto.
PEABODY ENERGY CORPORATION |
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By: | Irl X. Xxxxxxxxxx | |||
Irl X. Xxxxxxxxxx | ||||
Chairman & Chief Executive Officer | ||||
By: | Xxxxxx X. Xxxxxxx | |||
Xxxxxx X. Xxxxxxx | ||||