Amendment No. 1 to Change in Control Agreement between KCS Energy, Inc. and Joseph T. Leary
This amendment updates the change in control agreement between KCS Energy, Inc. and Joseph T. Leary. The amendment changes the effective date in Section 5 of the original agreement from August 1, 2004, to August 1, 2006. All other terms of the original agreement remain unchanged and are reaffirmed by both parties. The amendment is effective upon signature by both the company and Mr. Leary.
EXHIBIT 10.4
Effective Date: August 1, 2004
Re: Amendment No. 1 to Change in Control Agreement
Dear Mr. Leary:
When countersigned by you, this letter will serve as an amendment (referred to here as “Amendment No. 1”) to your existing change in control agreement with KCS Energy, Inc. (the “Company”) dated August 1, 2004 (the “Original Agreement”).
1. Effectiveness of Agreement Provision. Section 5 of the Original Agreement is amended by deleting the words “August 1, 2004” and substituting therefor the words “August 1, 2006”.
2. Original Agreement Ratified. In all other respects, the Original Agreement remains in effect, and is ratified by you and by the Company.
* * *
Please sign below and return a signed copy to the Company to confirm your agreement with this Amendment No. 1.
Very truly yours,
KCS Energy, Inc.
/s/ James Christmas
Chairman and Chief Executive Officer
Accepted and agreed to:
/s/ Joseph T. Leary
