AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
Exhibit 10.22
AMENDMENT NO. 1
TO
EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (Amendment No. 1) dated as of December 20, 2012 is made between ASSET ACCEPTANCE LLC, a Delaware limited liability Company (the Company), a wholly owned subsidiary of Asset Acceptance Capital corp., a Delaware corporation (AACC) and Reid E. Simpson (the Executive).
Recitals
1. Prior to the date hereof, the parties hereto entered into that certain Employment Agreement, effective as of May 17, 2010 (the Employment Agreement). Capitalized terms not otherwise defined herein shall have the respective meanings set forth in the Employment Agreement.
2. The Internal Revenue Service has issued guidance under Internal Revenue Code Section 409A that requires AACC and the Executive to amend the release provision in the Employment Agreement.
3. Pursuant to Section 13 of the Employment Agreement, the Executive and AACC agree to modify the Agreement as set forth below.
Agreement
NOW THEREFORE, in consideration of the premises and subject to the terms and conditions contained herein and for other consideration provided herein, the parties agree as follows:
8. SEVERANCE BENEFITS. The third sentence in Section 8(a) is hereby amended and restated to read as follows:
As a condition of receiving the Severance Benefits, Executive agrees to sign an effective legal release in substantially the form attached hereto as Schedule 2, provided that such form may be revised to reflect subsequent changes in the law or practices as may be deemed necessary and advisable by counsel to the Company to provide for Executives waiver of any and all claims he has or may have against the Company, AACC and their agents, employees, directors, subsidiaries, attorneys, successors, assigns, and affiliates, as of the date of his termination (the Release), including a statutory period during which Executive is entitled to revoke the Release, and Severance Benefits hereunder shall commence to be paid or made, as applicable, within 60 days following Executives termination of employment; provided, however, that the revocation period
has first expired and provided further, that if such 60-day revocation period begins in one taxable year of the Executive and ends in the second calendar year, the payments and benefits shall commence to be paid or made in the second taxable year.
The undersigned parties do hereby execute this Amendment No.1 on December 20, 2012, effective as of May 17, 2010.
ASSET ACCEPTANCE CAPITAL CORP. | ||
By: | /s/ Rion B. Needs | |
Its: | President and Chief Executive Officer | |
/s/ Reid E. Simpson | ||
Reid E. Simpson, Executive |
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