ContractE-Z-Em, Inc. • September 24th, 2007 • In vitro & in vivo diagnostic substances • New York
EXHIBIT 10.1 AMENDED AND RESTATED CHANGE IN CONTROL EMPLOYMENT SECURITY AGREEMENT This Amended and Restated Change in Control Employment Security Agreement is entered into effective as of the 24th day of September, 2007, by and between E-Z-EM, Inc., a Delaware corporation (the “Employer”) and Anthony A. Lombardo (the “Executive”). WITNESSETH: Whereas, the Executive is currently employed by the Employer as its President & CEO; Whereas, in order to provide certain security to the Executive in connection with the Executive’s employment with the Employer, the Employer and the Executive entered into an Employment Security Agreement as of April 3, 2001 (the “Agreement”), which the parties wish to amend and restate; Now, therefore, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree that the Agreement is hereby amended and restated in its entirety to read as follows:
ContractChange in Control Employment Security Agreement • September 24th, 2007 • E-Z-Em, Inc. • In vitro & in vivo diagnostic substances • New York
CHANGE IN CONTROL EMPLOYMENT SECURITY AGREEMENT This Change in Control Employment Security Agreement is entered into effective as of the 24th (the “Employer”) and _____________________________________________ (the “Executive”). WITNESSETH: Whereas, the Executive is currently employed by the Employer as its _____________________; and Whereas, the Employer desires to provide certain security to the Executive in connection with the Executive’s employment with the Employer, and to that end desires to make available to the Executive this Change in Control Employment Security Agreement (the “Agreement”); Now, therefore, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
ContractChange in Control Employment Security • September 24th, 2007 • E-Z-Em, Inc. • In vitro & in vivo diagnostic substances • New York
AMENDED AND RESTATED CHANGE IN CONTROL EMPLOYMENT SECURITY AGREEMENT This Amended and Restated Change in Control Employment Security Agreement is entered into effective as of the 24th day of September, 2007, by and between E-Z-EM, Inc., a Delaware corporation (the “Employer”) and Joseph Cacchioli (the “Executive”). WITNESSETH: Whereas, the Executive is currently employed by the Employer as its Vice President-Controller; Whereas, in order to provide certain security to the Executive in connection with the Executive’s employment with the Employer, the Employer and the Executive entered into an Employment Security Agreement as of June 30, 1996 (the “Agreement”), which the parties wish to amend and restate; Now, therefore, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree that the Agreement is hereby amended and restated in its entirety to read as follows:
