EX-10.9 2004 Executive Incentive Program

EX-10.9 3 b58479tcexv10w9.txt EX-10.9 2004 EXECUTIVE INCENTIVE PROGRAM EXHIBIT 10.9 AMENDMENT TO THE TIMBERLAND COMPANY 2004 EXECUTIVE LONG TERM INCENTIVE PROGRAM (effective 11/30/05) AMENDMENT TO THE TIMBERLAND COMPANY 2004 EXECUTIVE LONG TERM INCENTIVE PROGRAM This instrument amends certain terms of The Timberland Company 2004 Executive Long Term Incentive Program. The Program is established under The Timberland Company 1997 Incentive Plan, and amounts paid under the Program are intended to qualify as performance-based compensation under Section 162(m) of the Internal Revenue Code. 1. Subsection (a) of Section 8. Award Payment is hereby amended by adding the following sentence after the second sentence: "Notwithstanding anything in this Program document to the contrary, the Award payout for the two-year Award Period (1/1/04-12/31/05) shall be made on July 5, 2006." 2. With the exception of the amendment specified above, all other terms and conditions of this Program document remain in full force and effect.