December 9, 2008 Mr. Philip J. Faraci (address intentionally omitted) Re: Second Amendment to November 3, 2004 Letter Agreement Dear Phil:Eastman Kodak Co • February 27th, 2009 • Photographic equipment & supplies
By way of letter agreements dated November 3, 2004 (the “Agreement”) and February 28, 2007 (the “First Amendment”), Eastman Kodak Company (“Kodak”) and you agreed to certain terms regarding your employment. The purpose of this letter (the “Second Amendment”), which will become an agreement once both you and Kodak sign it, is to amend the Agreement and the First Amendment as set forth herein in order to ensure that your benefits thereunder comply with Section 409A of the Internal Revenue Code. This Second Amendment supersedes the Agreement and the First Amendment to the extent inconsistent therewith.
December 9, 2008 Mr. Antonio M. Perez Chairman and Chief Executive Officer Eastman Kodak Company Rochester, NY 14650 Re: Second Amendment to March 3, 2003 Letter Agreement Dear Antonio:Letter Agreement • February 27th, 2009 • Eastman Kodak Co • Photographic equipment & supplies
By way of a letter agreement dated March 3, 2003 (the “Agreement”), Eastman Kodak Company (“Kodak”) and you agreed to certain terms regarding your employment. Certain terms of the Agreement were changed by the letter to you from Timothy M. Donahue dated May 10, 2005 on behalf of the Executive Compensation and Development Committee of the Kodak Board of Directors in connection with your election by the Board as Chief Executive Officer, effective June 1, 2005, and reflected in the First Amendment to the Agreement dated February 27, 2007. The purpose of this letter is to amend the Agreement as set forth herein, for such consideration as the parties acknowledge is mutually sufficient, for the purpose of complying with certain requirements of Section 409A of the Internal Revenue Code. Any defined term used in this letter agreement, unless otherwise defined herein, will have the same meaning as that ascribed to it under the Agreement. This letter supersedes the Agreement (as amended) to the
