Exhibit 10.26
AMENDMENT TO THE MCG CAPITAL
CORPORATION
SUPPLEMENTAL NON-QUALIFIED
RETIREMENT PLAN
AMENDED AND RESTATED AS OF
JANUARY 1, 2005
WHEREAS , MCG Capital Corporation (the
“Employer”) established the MCG Capital Corporation
Supplemental Non-Qualified Retirement Plan as amended and restated
as of January 1, 2005 (the “Plan”) for the
exclusive benefit of certain executive employees of the
Employer;
WHEREAS , the Employer has reserved the right to amend
the Plan pursuant to Section 9.2 of the Plan; and
WHEREAS , the Employer desires to amend the plan to
ensure compliance with Section 409A of the Internal Revenue
Code.
NOW THEREFORE
, the Plan is hereby amended,
effective as of December 31, 2008:
1. Article I shall be amended by
(i) renumbering Section 1.12 to Section 1.13 and
(ii) inserting the following as Section 1.12:
“1.12 SEPARATION FROM
SERVICE means a separation from service, within the meaning
of Section 409A of the Code and the regulations thereunder,
with the Employer and all entities required to be treated as a
single employer with the Employer under Section 409A of the
Code and the regulations thereunder.”
2. Section&
