First Amendment to Employment Agreement between Gary Merry and Jos. A. Bank Clothiers, Inc.
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Summary
This amendment, dated April 7, 2009, modifies the original employment agreement between Gary Merry and Jos. A. Bank Clothiers, Inc. The main change is to set the end date of Gary Merry's employment period to January 31, 2011, unless terminated earlier as specified in the original agreement. All other terms of the original employment agreement remain unchanged. The amendment has been approved by the company's Compensation Committee and is now considered part of the original agreement.
EX-10.11.A 6 c83618exv10w11wa.htm EXHIBIT 10.11(A) Exhibit 10.11(a)
Exhibit 10.11(a)
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT (this “Amendment”) is made as of the 7th day of April, 2009 to that certain EMPLOYMENT AGREEMENT, dated as of June 3, 2008 (the “Employment Agreement”), by and between GARY MERRY (“Employee”) and JOS. A. BANK CLOTHIERS, INC. (“Employer”).
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, Employer and Employee, being the sole parties to the Employment Agreement, hereby amend the Employment Agreement and agree that, subject to earlier termination otherwise set forth in the Employment Agreement, the last day of the Employment Period shall be January 31, 2011.
Except as specifically amended hereby, the Employment Agreement shall remain in full force and effect according to its terms. To the extent of any conflict between the terms of this Amendment and the terms of the remainder of the Employment Agreement, the terms of this Amendment shall control and prevail. Capitalized terms used but not defined herein shall have those respective meanings attributed to them in the Employment Agreement. This Amendment shall hereafter be deemed a part of the Employment Agreement for all purposes. The terms of employment set forth in this Amendment have been approved by the Compensation Committee of the Board of Directors of the Employer.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written.
| JOS. A. BANK CLOTHIERS, INC. | ||||||
By: | /s/ CHARLES D. FRAZER | /s/ GARY MERRY | ||||
| Charles D. Frazer, | GARY MERRY | |||||
| Senior Vice President-General Counsel | ||||||
