Amendment to Executive Severance Agreement between Apria Healthcare Group Inc. and Peter A. Reynolds
Apria Healthcare Group Inc. and Peter A. Reynolds have agreed to amend Mr. Reynolds' Executive Severance Agreement. The amendment clarifies that if the timing of Mr. Reynolds' release of claims could result in severance payments starting in either of two calendar years, the payments will begin in the later year. All other terms of the original agreement remain unchanged. This amendment is effective as of December 5, 2012.
Exhibit 10.39
December 5, 2012
Peter A. Reynolds
1934 Port Locksleigh Place
Newport Beach, CA 92660
| Re: | Amendment of Executive Severance Agreement |
Dear Pete:
This letter confirms the amendment, as set forth below, of your Amended and Restated Executive Severance Agreement, dated 9/26/2008, with Apria Healthcare Group Inc. (the “Severance Agreement”).
In the event that you become entitled to severance pay pursuant to Section 4(a) of the Severance Agreement and the timing of your delivery of the release of claims (as contemplated by Sections 4(a)and 4(d) of the Severance Agreement) could cause the severance pay installments to commence in either of two calendar years, such installments shall commence in the second of those two years but shall otherwise be paid in accordance with the Severance Agreement.
Except as expressly provided in the preceding paragraph, your Severance Agreement continues in effect in accordance with its terms. This letter shall be construed and interpreted consistent with Section 11(a) of the Severance Agreement.
| Apria Healthcare Group Inc. | ||
| /s/ Robert S. Holcombe | ||
| By: | Robert S. Holcombe | |
| Title: | EVP, General Counsel & Secretary | |
| ACCEPTED AND AGREED: |
| /s/ Peter A Reynolds |
| Peter A. Reynolds |
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