$ in thousands, except per share amounts

EX-10.40 17 f92061exv10w40.txt EXHIBIT 10.40 EXHIBIT 10.40 AMENDMENT NO. 2 TO ICE CREAM PARTNERS USA SUPPLEMENTAL MANAGEMENT RETIREMENT & SAVINGS PLAN THIS AMENDMENT NO. 2 is made this 5th day of February, 2002, by NESTLE ICE CREAM COMPANY, LLC (formerly known as Ice Cream Partners USA, LLC), a Delaware limited liability company (hereinafter referred to as the "Company"). W I T N E S S E T H: WHEREAS, Ice Cream Partners USA, LLC established the Ice Cream Partners USA Supplemental Management Retirement & Savings Plan (hereinafter referred to as the "Plan"), effective June 1, 2000; and WHEREAS, the legal name of Ice Cream Partners USA, LLC has been changed to "Nestle Ice Cream Company, LLC;" and WHEREAS, the right of the Company to make certain amendments to the Plan was reserved pursuant to Section 10.1 of the Plan; and WHEREAS, it is the desire of the Company to amend the Plan in order to reflect the Company's legal name; NOW, THEREFORE, pursuant to Section 10.1 of the Plan, the Company hereby amends the Plan, effective January 1, 2002, as follows: The Ice Cream Partners USA Supplemental Management Retirement & Savings Plan shall be named the "Nestle Ice Cream Company Supplemental Management Retirement & Savings Plan." 1 IN WITNESS WHEREOF, the Company, by its duly authorized officers, has caused this Amendment No. 2 to be executed as of the day and year first above written. NESTLE ICE CREAM COMPANY, LLC ("Company") By: /s/ Michelle M. Durmick -------------------------- And: /s/ James Dintamen ------------------------- 2