Amendment to Capmark Financial Group Inc. Severance Pay Plan (December 20, 2006)

Summary

This amendment, executed by Capmark Financial Group Inc., modifies the company's Severance Pay Plan to coordinate benefits with the Capmark Finance Inc. Affordable Housing Employee Continuation Plan. Employees who continue working under the Affordable Housing Employee Continuation Plan will have their severance pay reduced by the amount of base salary received under that plan, and will continue to accrue service under the Severance Pay Plan until their employment under the continuation plan ends. The amendment is effective as of December 20, 2006.

EX-10.42 3 a2185237zex-10_42.htm EXHIBIT 10.42

Exhibit 10.42

 

Exhibit A

 

AMENDMENT

TO THE

CAPMARK FINANCIAL GROUP INC. SEVERANCE PAY PLAN

(As Amended and Restated Effective March 23, 2006)

 

WHEREAS, Capmark Financial Group Inc. (the “Company”) maintains the Capmark Financial Group Inc. Severance Pay Plan (the “Plan”); and

 

WHEREAS, pursuant to Section 6(a), the Administrative Committee of the Plan may amend the Plan from time to time and at any time;

 

WHEREAS, pursuant to its authority under Section 7(a) and by unanimous written consent dated December 20, 2006 the Administrative Committee has approved this Amendment to adjust the level of benefits payable to certain eligible employees in order to coordinate benefits between the Plan and the Capmark Finance Inc. Affordable Housing Employee Continuation Plan:

 

NOW, THEREFORE, by action of the Administrative Committee, the Plan is hereby amended by adding the following Appendix A at the end of the Plan, effective December 20, 2006:

 

Appendix A

 

Notwithstanding anything in this Plan to the contrary, any Employee who continues his or her employment with the Company pursuant to the Capmark Finance Inc. Affordable Housing Employee Continuation Plan (the “AHEC Plan”) (i) shall have his or her cash severance benefits payable under this Plan reduced by the amount of base salary that such Employee is entitled to under the AHEC Plan after the date of the Wind-down Determination (within the meaning of the AHEC Plan) or such later date as specified in the Wind-down Determination, determined in any manner that the Committee deems appropriate; and (ii) shall, except as otherwise provided in this Plan, continue to accrue Service under this Plan through the date on which his or her employment continuation under the AHEC Plan ends.

 

*     *     *

 

IN WITNESS WHEREOF, the Administrative Committee has caused this Amendment to be executed by its duly authorized officer, this 20th day of December 2006.

 

 

CAPMARK FINANCIAL GROUP INC.

 

 

 

 

 

By:

/s/ Linda Pickles

 

Its:

Executive Vice President, HR