Third Amendment to The Men’s Wearhouse, Inc. 2004 Long-Term Incentive Plan
This agreement amends The Men’s Wearhouse, Inc. 2004 Long-Term Incentive Plan. Approved by the company’s Board of Directors, the amendment specifies that no new awards may be granted under the plan after March 29, 2024, though existing awards will remain in effect as long as they are outstanding. The amendment takes effect upon approval by a majority of shareholders at the next annual meeting.
Exhibit 10.1
THIRD AMENDMENT
TO THE MEN’S WEARHOUSE, INC.
2004 LONG-TERM INCENTIVE PLAN
THIS AGREEMENT by The Men’s Wearhouse, Inc. (the “Sponsor”),
WITNESSETH:
WHEREAS, the Sponsor maintains the plan known as “The Men’s Wearhouse, Inc. 2004 Long-Term Incentive Plan” (the “Plan”); and
WHEREAS, the Sponsor retained the right in Section 13.1 of the Plan to amend the Plan from time to time; and
WHEREAS, the Board of Directors of the Sponsor approved resolutions on the 2nd day of April, 2013, to amend the Plan;
NOW, THEREFORE, the Sponsor agrees that, effective upon the approval of a majority of the shareholders of the Sponsor represented in person or by proxy at the next Annual Meeting of Shareholders, Section 1.3 of the Plan is hereby amended in its entirety to read as follows:
1.3. Duration of Authority to Make Grants Under the Plan. The Plan shall continue indefinitely until it is terminated pursuant to Section 13.1. No Awards may be granted under the Plan on or after March 29, 2024. The applicable provisions of the Plan will continue in effect with respect to an Award granted under the Plan for as long as such Award remains outstanding.
Approved by the Board of Directors
On April 2, 2013
