SECOND AMENDMENT TO THE AMENDED AND RESTATED CONSULTING AGREEMENTConsulting Agreement • January 19th, 2021 • Tuesday Morning Corp/De • Retail-variety stores
This Second Amendment to the Amended and Restated Consulting Agreement (this “Second Amendment”) by and between Tuesday Morning, Inc., a Texas corporation (the “Company”), and BEL Retail Advisors (“Consultant”) is entered into on January 18, 2021. This Amendment amends, restates and supersedes only Section II.B.ii. of the Amended and Restated Consulting Agreement by and between Consultant and the Company entered into and effective as of December 6, 2019 (the “Consulting Agreement”). All other provisions of the Consulting Agreement will remain in full force and effect. Capitalized terms used in this Amendment but not otherwise defined shall have the meaning ascribed to such terms in the Consulting Agreement.
Transition agreementTransition Agreement • January 19th, 2021 • Tuesday Morning Corp/De • Retail-variety stores
This Transition Agreement (this “Agreement”), dated January 18, 2021 (the “Effective Date”), is entered into by and between Tuesday Morning Corporation, a Delaware corporation (the “Company”), and Steven R. Becker (the “Executive”). The Company and the Executive are referred to herein individually as a “Party” and collectively as the “Parties.” Capitalized terms not otherwise defined herein shall have the meaning given to such terms in that certain Employment Agreement, dated December 11, 2015, by and between the Company and the Executive, as amended by that certain First Amendment to Employment Agreement dated May 1, 2018, by and between the Company and the Executive (collectively, the “Employment Agreement”), which, except for the Surviving Provisions set forth in Section 7 below (and the definitions in the Employment Agreement, to the extent used herein), shall terminate as of the Expiration Date (defined below).
