EMPLOYMENT AGREEMENT AMENDMENTEmployment Agreement • January 6th, 2014 • Pacer International Inc • Arrangement of transportation of freight & cargo
THIS AMENDMENT (this “Amendment”), dated as of January , 2014 to that certain Employment Agreement, dated as of [ insert date ] (the “Agreement”), by and among the undersigned executive (“Executive”) and Pacer International, Inc., (“Pacer”) shall be effective as of the Effective Time (as defined in the Agreement and Plan of Merger, dated as of the date hereof, and as it may be amended from time to time, by and among Pacer, XPO Logistics, Inc. (the “Parent”) and Acquisition Sub, Inc., a wholly owned subsidiary of the Parent (the “Merger Agreement”)) (such time, the “Effective Date”). If the Effective Time does not occur, this Amendment shall be null and void ab initio and of no force of effect.
AGREEMENT AND PLAN OF MERGER by and among PACER INTERNATIONAL, INC., XPO LOGISTICS, INC. and ACQUISITION SUB, INC. Dated as of January 5, 2014Merger Agreement • January 6th, 2014 • Pacer International Inc • Arrangement of transportation of freight & cargo • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of January 5, 2014, by and among Pacer International, Inc., a Tennessee corporation (the “Company”), XPO Logistics, Inc., a Delaware corporation (“Parent”), and Acquisition Sub, Inc., a Tennessee corporation and an indirect wholly owned subsidiary of Parent (“Merger Sub”).
