Fifth Amendment to Amended and Restated Employment Agreement between Jos. A. Bank Clothiers, Inc. and David E. Ullman

Contract Categories: Human Resources › Employment Agreements
Summary

This amendment updates the employment agreement between Jos. A. Bank Clothiers, Inc. and David E. Ullman. It extends Mr. Ullman's employment period to January 31, 2010, and increases his base salary to $450,000 effective May 4, 2008. All other terms of the original agreement remain unchanged unless specifically modified by this amendment. The amendment has been approved by the company's Audit Committee.

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EX-10.3.E 2 c72926exv10w3we.htm EXHIBIT 10.3(E) Filed by Bowne Pure Compliance  

Exhibit 10.3(e)
FIFTH AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
THIS FIFTH AMENDMENT (this “Amendment”) is made as of this 9th day of April, 2008 to that certain AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of May 15, 2002, as amended (collectively, the “Employment Agreement”), by and between DAVID E. ULLMAN (“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 as follows:
1. Subject to earlier termination otherwise set forth in the Employment Agreement, the last day of the Employment Period shall be January 31, 2010.
2. Effective May 4, 2008, Employee’s Base Salary shall be $450,000.
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 Audit 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/ David E. Ullman    
 
               
 
  Charles D. Frazer,       DAVID E. ULLMAN    
 
  Senior Vice President-General Counsel