ContractNon-Competition Agreement • December 23rd, 2008 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores
AMENDED AND RESTATED NON-COMPETITION AGREEMENT This Amended and Restated Non-Competition Agreement (this ?Agreement?) is made by and between The Pep Boys-Manny, Moe & Jack, a Pennsylvania corporation (the "Company"), and ___________ (the "Officer"), on this ____ day of ______________________ (the ?Effective Date?). WHEREAS, the Company and Officer previously entered into that certain Non- Competition Agreement, dated as of _____________________ (the ?Original Agreement?), which provides for certain severance benefits to the Officer in the event of a covered termination in exchange for the Officer?s willingness to provide the Company with the covenant against competition contained in the Original Agreement; WHEREAS, the Company and Officer desire to amend the Original Agreement so that it complies with the requirements of section 409A of the Internal Revenue Code of 1986, as amended (the ?Code?), and the final regulations issued thereunder, as well as to make certain other
ContractChange of Control Agreement • December 23rd, 2008 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores
CHANGE OF CONTROL AGREEMENT This CHANGE OF CONTROL AGREEMENT (this ?Agreement?) is made by and between THE PEP BOYS - MANNY, MOE & JACK, a Pennsylvania corporation (the "Company"), and ____________ (the "Executive"), dated as of _____________. WHEREAS, the Company and Executive previously entered into that certain Employment Agreement, dated as of ___________ (the ?Original Agreement?), which sets forth certain of the terms and conditions of the Executive?s employment with the Company in the event of any ?Change of Control,? and certain compensation that will be paid to the Executive if the Executive?s employment is terminated in connection with a Change of Control; WHEREAS, the Company and Executive desire to amend the Original Agreement so that it complies with the requirements of section 409A of the Internal Revenue Code of 1986, as amended (the ?Code?), and the final regulations issued thereunder, as well as to make certain other changes; and IT IS, THEREFORE, AGREED
