Exhibit 10.2
FORM OF
CHOLESTECH CORPORATION
AMENDMENT TO CHANGE OF CONTROL
SEVERANCE AGREEMENT
This Amendment to the Change of Control
Severance Agreement (the “ Amendment ”) is made
as of
[ ],
2007, by and between Cholestech Corporation, a California
corporation (the “ Company ”), and [NAME OF
EXECUTIVE OFFICER] (the “ Employee ”).
RECITALS
WHEREAS , the
Company and the Employee entered into that certain Change of
Control Severance Agreement dated [DATE OF ORIGINAL
AGREEMENT ] (the “ Agreement ”).
WHEREAS , the
Company and the Employee desire to amend the Agreement to comply
with the requirements of Section 409A of the Internal Revenue Code
of 1986, as amended (the “Code”).
NOW, THEREFORE ,
the Company and the Employee agree that in consideration of the
foregoing and the promises and covenants contained herein, the
parties agree as follows:
AGREEMENT
8.
Code Section 409A . The following paragraphs shall be added
as Section 12 of the Agreement:
“ Code Section 409A .
Notwithstanding anything to the contrary in this Agreement, if the
Employee is a “specified employee” within the meaning
of Section 409A of the Code and any final regulations and guidance
promulgated thereunder (“Section 409A”) at the time of
the Employee’s termination, and any portion of the severance
payable to the Employee, if any, pursuant to this Agreement, when
considered together with any other severance payments or separation
benefits would be considered deferred compensation under Section
409A (together, the “Deferred Compensation Separati
