FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT
EX-10.17 21 p16633a1exv10w17.htm EX-10.17 exv10w17
Exhibit 10.17
FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT
This Fourth Amendment (the Fourth Amendment) to that certain Employment Agreement dated as of June 27, 2007 (Employment Agreement), by and between Daniel Stutz (Employee) and The Film Department Holdings LLC, a Delaware limited liability company (the Company), is made as of as of September 1, 2009 (the Effective Date), and is entered into by and between Company and Employee.
WHEREAS, Company and Employee have previously entered into the Employment Agreement, an amendment thereto (First Amendment), a further amendment thereto (Second Amendment), and a further amendment thereto (Third Amendment);
WHEREAS, Company is continuing its efforts to obtain sufficient equity capital to continue as a going concern;
WHEREAS, Company has commenced negotiations with certain equity investors for the latter to provide the aforesaid equity capital;
WHEREAS, in light of recent events, Company and Employee wish to clarify certain terms of Employees employment and set forth those terms in this Fourth Amendment; and
WHEREAS, Company and Employee have agreed to amend specific terms of the Employment Agreement in accordance with the terms set forth below. All capitalized terms not defined herein shall have the meanings ascribed to such terms in the Employment Agreement.
NOW, THEREFORE, in consideration of the agreements made herein, the parties hereto agree as follows:
1. As of the Effective Date, Employees Base Compensation shall be $270,000.
2. Notwithstanding anything to the contrary in the Employment Agreement, as amended (including any most favored nations or other similar provisions), any increase in Employees Base Compensation shall be at the sole and absolute discretion of the Chief Executive Officer and President & Chief Operating Officer.
3. Notwithstanding anything to the contrary in the Employment Agreement, as amended (including any most favored nations or other similar provisions), any bonus payable Employee shall be at the sole and absolute discretion of the Chief Executive Officer and President & Chief Operating Officer.
4. Notwithstanding anything to the contrary provided for in Paragraph 2 of the Employment Agreement, the Employment Term, as defined therein, shall expire July 31, 2011 (Expiration Date), without any option to extend further by either Company or
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Employee. For purposes of clarification, Company shall no longer have any right or option whatsoever to extend the Employment Term beyond the Expiration Date.
This Employment Agreement is intended to comply with Section 409A of the Internal Revenue Code of 1986, as amended (the Code) and the regulations and guidance promulgated thereunder (collectively, Code Section 409A) and will be interpreted in a manner intended to comply with Code Section 409A.
IN WITNESS WHEREOF, the parties have duly executed this Fourth Amendment as of the date first above written.
THE FILM DEPARTMENT HOLDINGS LLC
/s/ Neil Sacker | /s/ Dan Stutz | |||
Its: President & COO |
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