AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • November 22nd, 2011 • Amerisourcebergen Corp • Wholesale-drugs, proprietaries & druggists' sundries • Pennsylvania
AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) by and between AmerisourceBergen Corporation, a Delaware corporation (hereinafter the “Company”), and David W. Neu (the “Executive”), dated and effective as of December 15, 2008.
January 7, 2009 PERSONAL AND CONFIDENTIAL To: David W. NeuEmployment Agreement • November 22nd, 2011 • Amerisourcebergen Corp • Wholesale-drugs, proprietaries & druggists' sundries
This letter is being provided to you because you recently entered into an amended and restated employment agreement with AmerisourceBergen Corporation (the “Company”) dated December 15, 2008 (the “Agreement”). The amendment and restatement of your employment agreement was undertaken principally to ensure that the terms of the agreement are structured to enable you to avoid the adverse tax consequences that would result from a violation of Section 409A of the Internal Revenue Code (“Section 409A”). This letter is intended to clarify and supplement your rights under the Agreement in the event the Company terminates your employment without Cause or you resign your employment with the Company for Good Reason. All capitalized terms used in this letter that are not defined in this letter shall have the meanings ascribed to them in the Agreement.
AMENDED AND RESTATED PERFORMANCE UNDERTAKINGPerformance Undertaking • November 22nd, 2011 • Amerisourcebergen Corp • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS AMENDED AND RESTATED PERFORMANCE UNDERTAKING (this “Undertaking"), dated as of December 2, 2004, is executed by AmerisourceBergen Corporation, a Delaware corporation (the “Performance Guarantor"), in favor of Amerisource Receivables Financial Corporation, a Delaware corporation (together with its successors and assigns, “Recipient”). This Undertaking amends and restates that certain Performance Undertaking, dated as of July 10, 2003, by the Performance Guarantor and after the date hereof, all references in any Transaction Document to the Performance Undertaking shall be deemed references to this Undertaking.
