Amendment No. 1 to Employment Agreement between Activision Blizzard, Inc. and Bruce L. Hack
This amendment updates the employment agreement between Bruce L. Hack and Activision Blizzard, Inc. to ensure compliance with Section 409A of the Internal Revenue Code. The main change clarifies when salary continuation payments begin in the event of disability, specifying that payments will start upon the occurrence of a disability as defined by Section 409A. All other terms of the original employment agreement remain unchanged.
Exhibit 10.98
Amendment #1 to Employment Agreement
To Comply with the Provisions of Section 409A of the Internal Revenue Code
Bruce L. Hack
This Amendment #1 to Employment Agreement (this Amendment #1) is entered into as of December 15, 2008, by and between Bruce L. Hack (Employee) and Activision Blizzard, Inc. (Employer). All capitalized terms shall have the same meaning set forth in the Employment Agreement (as defined below).
RECITALS:
Employee and Employer entered into an Employment Agreement dated as of December 1, 2007 (the Employment Agreement).
Employee and Employer desire to amend the Employment Agreement in certain respects as set forth herein in order to comply with the provisions of Section 409A of the Internal Revenue Code of 1986, as amended.
AGREEMENT:
The parties hereby agree to amend the terms of the Employment Agreement as follows:
1. Disability. The Employment Agreement is hereby amended to add a sentence to the end of Section 4(d) to read as follows: With respect to the payment to you of your Base Salary during the 180-day period following the start of your Disability absence referenced in Paragraph 4(a) of this Agreement, payment of such Base Salary continuation shall commence upon your Disability as defined in Section 409A of the Code.
Except as specifically set forth in this Amendment #1, the Employment Agreement shall remain unmodified and in full force and effect. If any term or provision of the Employment Agreement is contradictory to, or inconsistent with, any term or provision of this Amendment #1, then the terms and provisions of this Amendment #1 shall in all events control.
AGREED AND ACCEPTED: |
|
| ||||
|
|
| ||||
Employee: |
| Employer: | ||||
|
|
| ||||
|
| Activision Blizzard, Inc. | ||||
|
|
| ||||
|
|
| ||||
/s/ Bruce Hack |
| By: | /s/ George L. Rose | |||
|
|
| ||||
Bruce L. Hack |
| Name: | George L. Rose | |||
Date: | 12.02.08 |
| Title: | Chief Legal Officer | ||
|
| Date: | 12.12.08 | |||