AMENDMENT TO THE EMPLOYMENT AGREEMENT
Exhibit 10.1
AMENDMENT TO THE EMPLOYMENT AGREEMENT
AMENDMENT made as of December 15, 2011 to the Employment Agreement dated as of January , 2011 between Mortons Restaurant Group, Inc. (the Company) and (the Executive) (each a Party, and collectively, the Parties).
WHEREAS, the Parties desire to amend the Employment Agreement as set forth herein;
NOW, THEREFORE, effective as of the date hereof:
1. Section 5.2 shall be amended and the following provision shall be added as follows:
(e) notwithstanding Section 4.2 of this Agreement, the Bonus earned but unpaid as of the termination date for any previously completed fiscal year of the Company (based on the achievement of the performance targets established by the Board and the Companys Compensation Committee with respect to such previously completed fiscal year; provided that, for fiscal year 2011, such Bonus shall be calculated as follows: (i) if the Company achieved Consolidated EBITDA of $29,081,250, including the Companys bonus accrual of $1,378,869, or higher, 100% of the Bonus shall be paid, (ii) if the Company achieved Consolidated EBITDA of between $29,081,250 and $27,702,381 (the Minimum Consolidated EBITDA Target), including the Companys bonus accrual of $1,378,869, then the bonus accrual of the Company and the bonus payout to all eligible employees of the Company shall be reduced so that the Consolidated EBITDA equals $29,081,250 (e.g., if Consolidated EBITDA is $28,081,250, including the Companys bonus accrual of $1,378,869, then the Companys bonus accrual and the bonus payout shall be reduced by $1 million and the remaining $378,869 of the Companys bonus accrual shall be distributed pro rata to the Companys eligible employees) and (iii) if Consolidated EBITDA is less than the Minimum Consolidated EBITDA Target, then no Bonus shall be payable for fiscal year 2011. Consolidated EBITDA shall be calculated in a manner consistent with the manner in which Consolidated EBITDA has been calculated and presented by the Company management to the Companys Board of Directors in prior fiscal years for purposes of determining bonus entitlement and incorporating the same methodology for including or excluding adjustments as is consistent with prior fiscal years. The payment of such Bonus under this Section 5.2(e) shall be payable to the Executive within thirty (30) days following the Companys receipt of the Companys audited financial statements for such fiscal year, but in no event earlier than sixty (60) days following the Executives termination of employment and no later than June 30 of the fiscal year following the fiscal year in which the Bonus was earned.
2. Except as set forth in this Amendment, all of the other provisions of the Employment Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first above written.
MORTONS RESTAURANT GROUP, INC. | ||
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Name: | ||
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EXECUTIVE | ||
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