Amendment No. 2 to Amended and Restated Severance Agreement between Acuity Brands, Inc. and Mark A. Black
This amendment, effective March 30, 2010, modifies the severance agreement between Acuity Brands, Inc. and executive Mark A. Black. The main change reduces a compensation percentage in Section 4.2 of the original agreement from 135% to 65%. All other terms of the severance agreement remain unchanged. The amendment is signed by both parties and takes effect immediately.
Exhibit 10(d)
AMENDMENT No. 2
TO
ACUITY BRANDS, INC
AMENDED AND RESTATED SEVERANCE AGREEMENT
THIS AMENDMENT made and entered into as of the 30th day of March, 2010, by and between ACUITY BRANDS, INC. (the Company) and MARK A. BLACK (Executive);
W I T N E S S E T H
WHEREAS, the Company and Executive entered into a Severance Agreement, dated as of November 19, 2008 (Severance Agreement), providing for the payment of certain compensation and benefits to Executive if Executives employment is terminated under certain circumstances; and
WHEREAS, the parties now desire to amend the Severance Agreement in the manner hereinafter provided;
NOW, THEREFORE, the Severance Agreement is hereby amended, as follows:
1.
Section 4.2 is hereby amended by deleting 135% from clause (i) and substituting 65% in lieu thereof.
2.
This Amendment to the Severance Agreement shall be effective as of the date of this Amendment. Except as hereby modified, the Severance Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written.
EXECUTIVE | COMPANY
ACUITY BRANDS, INC. | |||||||
/s/ Mark A. Black | By: | /s/ Vernon J. Nagel | ||||||
MARK A. BLACK | Vernon J. Nagel Chairman, President and CEO |