Employment Agreement Addendum
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Human Resources
- Employment Agreements
EX-10.1 2 c05131exv10w1.txt EMPLOYMENT AGREEMENT ADDENDUM EXHIBIT 10.1 EMPLOYMENT AGREEMENT ADDENDUM WAIVER OF CHANGE IN CONTROL WHEREAS, Ameritrade Holding Corporation (the "Company") and Joseph H. Moglia, (the "Executive") entered into an employment agreement dated as of March 1, 2001 (the "Employment Agreement"), and option agreement(s) (collectively, the "Option Agreement"); and WHEREAS, pursuant to an Agreement of Sale and Purchase entered into between the Company and The Toronto-Dominion Bank, the Company has agreed to acquire the U.S. brokerage business of TD Waterhouse Group, Inc., pending applicable approval (the "Transaction"); NOW THEREFORE, it is hereby covenanted and agreed by the Company and the Executive as follows: The parties have agreed that, for purposes of the Employment Agreement and the Option Agreement, the Transaction does not constitute a Change in Control, as defined in the Employment Agreement and Option Agreement, and the Executive hereby waives all rights that the Executive would have had under the Employment Agreement and Option Agreement if the Transaction constituted a Change in Control within the meaning of the Employment Agreement and/or Option Agreement, as applicable. The parties agree that this agreement (the "Addendum") does not retroactively impair or otherwise adversely affect the rights the Executive under the Employment Agreement or Option Agreement and does not enrich the Executive by providing any additional benefits under the Employment Agreement or the Option Agreement as a result of the Transaction. Except as provided herein, all provisions of the Employment Agreement and Option Agreement shall remain in full force and effect. For Ameritrade Holding Corporation: /s/ JOSEPH H. MOGLIA - ------------------------------------- Signature Joseph H. Moglia Chief Executive Officer - ------------------------------------- Title Accepted and agreed to January 19, 2006 /s/ JOSEPH H. MOGLIA - ------------------------------------- Executive Joseph H. Moglia
