Acknowledgement

EX-10.40 5 fxcm-20161231xex1040.htm EXHIBIT 10.40 Exhibit

Acknowledgement

Reference is made to the FXCM Group, LLC (the "Company") Incentive Bonus Plan for Founders and Executives, effective September 1, 2016, as amended (the "Plan"). The Company and each undersigned Participant, as such term is defined in the Plan, agree that notwithstanding anything to the contrary in the Plan (including Sections 7 and 11 therein), LUK-FX Holdings, LLC may terminate the Plan on behalf of the Company at any time and for any reason in its sole and absolute discretion and, upon, and following, such termination, no payment will be due to the undersigned Participants. In addition, Section 8(b) and 8(c) of the Plan shall not apply to any termination of employment of any undersigned Participant with the Company or its affiliates unless the Company determines otherwise (subject to the consent of LUK-FX Holdings, LLC) at the time of the termination of employment of such undersigned Participant.

This acknowledgement shall be governed by and construed in accordance with the laws of the State of Delaware without reference to such state's principles of conflicts of law that would cause the laws of any other jurisdiction to apply.

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IN WITNESS WHEREOF, the undersigned parties, intending to be legally bound hereby, has duly executed this acknowledgment as of this 2nd day of February, 2017.

FXCM GROUP, LLC

/s/ David S. Sassoon

By: DAVID S. SASSOON

Title: GENERAL COUNSEL

LUK-FX HOLDINGS, LLC

BY: Leucadia National Corporation, its sole member

/s/ Michael Sharp

By: MICHAEL SHARP

Title: EVP & GC

Agreed and acknowledged this 2nd day of February, 2017.

/s/ Dror Niv

Name: Dror Niv

/s/ Edward Yusupov

Name: Edward Yusupov

/s/ David Sakhai

Name: David Sakhai

/s/ William Ahdout

Name: William Ahdout

/s/ Ken Grossman

Name: Ken Grossman

[Signature Page to Bonus Plan Acknowledgment]