Amendment to Bob Evans Farms, Inc. and Affiliates Executive Deferral Program (2007)

Contract Categories: Business Finance › Modification Agreements
Summary

Bob Evans Farms, Inc. is amending its Executive Deferral Program, which provides deferred compensation to certain management employees. This amendment allows participants to change the timing and form of their deferred compensation payments during 2006 and 2007, in accordance with IRS and Treasury Department transition relief related to Section 409A of the tax code. The amendment is effective as of January 1, 2006.

Read More Arrow
EX-10.2 3 l29073aexv10w2.htm EX-10.2 EX-10.2  

Exhibit 10.2
AMENDMENT TO
BOB EVANS FARMS, INC. AND AFFILIATES
SECOND AMENDED AND RESTATED EXECUTIVE DEFERRAL PROGRAM
     WHEREAS, Bob Evans Farms, Inc. (“Corporation”) maintains the Bob Evans Farms, Inc. and Affiliates Executive Deferral Program (“Plan”), as amended from time to time, to provide deferred compensation to a select group of its management or highly compensated employees;
     WHEREAS, capitalized terms that are not defined in this Amendment have the same meanings as in the Plan; and
     WHEREAS, the Corporation desires to amend the Plan to utilize certain transition relief that (1) allows changes in the time and form of payments of amounts under the Plan which are subject to Code §409A and guidance issued with respect thereto and (2) is described in guidance issued by the Internal Revenue Service and Treasury Department with respect to Code §409A;
     NOW, THEREFORE, the Plan is hereby amended, effective as of January 1, 2006, as follows:
“Notwithstanding any terms of the Plan to the contrary, solely for the purpose of elections as to the time and form of payment of amounts under the Plan which are subject to Code §409A, the Plan shall allow Members to make changes to the time and/or form of payment of such amounts in calendar year 2006 and calendar year 2007, as permitted by the transition relief provided in IRS Notice 2006-79, IRS Notice 2007-86 and the applicable Treasury Regulations.”
     IN WITNESS WHEREOF, this Amendment is adopted this 14th day of November, 2007.
             
    BOB EVANS FARMS, INC.
 
            
 
  By:        
 
     
 
    
 
            
 
  Title: