AMENDMENT NO. 1 TO THE CHANGE IN CONTROL AGREEMENT FOR CHARLES F. MCCOY
Exhibit 10.4
AMENDMENT NO. 1
TO THE
CHANGE IN CONTROL AGREEMENT FOR CHARLES F. MCCOY
This Amendment No. 1, effective the 31st day of December, 2011, to the Change in Control Agreement for CHARLES F. MCCOY, dated August 14, 2009 (the Agreement) between Unifi, Inc. (the Company) and CHARLES F. MCCOY (the Executive).
WHEREAS, the Agreement provides certain severance benefits in the event the Executives employment is terminated without Cause or the Executive resigns for Good Reason following a Change in Control of the Company (as such terms are defined in the Agreement);
WHEREAS, in accordance with Section 14(a) of the Agreement, the Company may amend the Agreement at any time; and
WHEREAS, the Company now desires to amend the Agreement to extend the term of the Agreement for an additional three years and to make certain other clarifications.
NOW, THEREFORE, BE IT RESOLVED THAT, the Agreement is hereby amended as follows, effective December 31, 2011:
1. Section 1(a) of the Agreement is hereby amended by striking the phrase December 31, 2011 and replacing it with December 31, 2014.
2. Section 3(e) of the Agreement is amended by replacing the first sentence as follows:
Following a Change in Control and during the term of this Agreement, the Executive may terminate the Executives employment for Good Reason.
3. Section 4(b) of the Agreement is amended by replacing the last sentence as follows:
The determination of any reduction in the severance payments under this Section 4 pursuant to the foregoing proviso shall be made by the Companys Independent Certified Public Accountants, and their decision shall be conclusive and binding on the Company and the Executive.
4. In all other respects not amended, the Agreement is hereby ratified and confirmed.
* * * Signature Page to Follow * * *
IN WITNESS WHEREOF, the Company has caused this Amendment No. 1 to be executed on this the 3rd day of January, 2012.
UNIFI, INC. | ||
By: | /s/ WILLIAM L. JASPER | |
WILLIAM L. JASPER | ||
Chairman & C.E.O. | ||
EXECUTIVE | ||
/s/ CHARLES F. MCCOY | ||
CHARLES F. MCCOY |