Fifth Amendment to Alliance Data Systems 401(k) and Retirement Savings Plan
This amendment, executed by Alliance Data Systems, Inc., updates the company's 401(k) and Retirement Savings Plan. It specifies that employees of Big Designs, Inc. and CPC Associates, Inc. will have their years of eligibility and vesting calculated from their original hire dates, provided they were employed by the company as of certain dates in 2006. The amendment is effective as stated within the document and is signed by an authorized representative of Alliance Data Systems.
Exhibit 10.23
FIFTH AMENDMENT TO
THE ALLIANCE DATA SYSTEMS 401 (k) AND RETIREMENT SAVINGS PLAN
(amended and restated as of January 1, 2004)
ADS Alliance Data Systems, Inc. hereby adopts this Amendment No. 5 to the Alliance Data Systems 401 (k) and Retirement Savings Plan, amended and restated as of January 1, 2004 (the “Plan”), effective as provided below.
| 1. | Appendix A of the Plan shall be amended by adding the following new language at the end thereof: |
| Employing Company | Years of Eligibility | Years of Vesting | ||
| Big Designs, Inc. (“Big”) | Date of hire by Big, but only if employed by the Company as of August 15, 2006. | Date of hire by Big, but only if employed by the Company as of August 15, 2006. | ||
| CPC Associates, Inc. (“CPC”) | Date of hire by CPC, but only if employed by the Company as of October 1, 2006. | Date of hire by CPC, but only if employed by the Company as of October 1, 2006. | ||
IN WITNESS WHEREOF, this amendment has been executed on this 31st day of October, 2006, but effective as provided above.
| ADS ALLIANCE DATA SYSTEMS, INC | ||
| By: | /s/ Transient C. Taylor | |
