FIRSTAMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Exhibit 10.1
FIRST AMENDMENT TO
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
This First Amendment to the Amended and Restated Employment Agreement (this Amendment) is made and entered into as of February 2, 2007 by and between Sciele Pharma, Inc., a Delaware corporation (the Company) and Patrick Fourteau (Executive).
WHEREAS, Executive is employed by the Company pursuant to the terms and conditions of that certain Amended and Restated Employment Agreement dated January 24, 2006, by and between First Horizon Pharmaceutical Corporation and Patrick Fourteau (the Employment Agreement); and
WHEREAS, since the effective date of the Employment Agreement, the Company has changed its name from First Horizon Pharmaceutical Corporation to Sciele Pharma, Inc.; and
WHEREAS, the parties desire to amend Section 5(d) of the Employment Agreement to delete the provision that the Company will pay Executives moving expenses and replace it with the fact that the Company will reimburse Executive his reasonable commuting expenses;
NOW THEREFORE, in consideration of Executives continued employment, the covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows:
1. Section 5(d) of the Employment Agreement is hereby amended and restated in its entirety to state the following:
d) The Company will pay Executives reasonable commuting expenses for his commute between his home
and the Companys corporate offices, including, without limitation, airfare, transportation expenses, hotel
expenses and meal expenses while in commute.
2. Except as expressly amended by this Amendment, the Employment Agreement shall remain in full force and effect without modification or amendment. This Amendment will form a part of the Employment Agreement for all purposes and the Employment Agreement and this Amendment will hereafter be read together.
[Signatures provided on following page.]
IN WITNESS WHEREOF, the parties have executed this Amendment, effective as of the date first above written.
EXECUTIVE: |
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| /s/ Patrick Fourteau |
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| Patrick Fourteau |
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| Chief Executive Officer and President |
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| COMPANY: |
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| SCIELE PHARMA, INC. |
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| /s/ Darrell Borne |
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| Darrell Borne |
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| Executive Vice President, Chief Financial Officer, Treasurer and Secretary |
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