Exhibit 10.4
FIRST AMENDMENT TO
CHANGE IN CONTROL SEVERANCE PAY
AGREEMENT
This First Amendment to Change in
Control Severance Pay Agreement (the “Amendment”) is
made and entered into as of August 16, 2009, by and between
Goldleaf Financial Solutions, Inc. (“Company”),
and Dan Owens (“Employee”).
W I T N E S S E T H:
WHEREAS, Employee and Company
previously entered into an Amended and Restated Change in Control
Severance Pay Agreement dated May 13, 2009 (the
“Agreement”);
WHEREAS, Company is contemplating a
merger with a wholly-owned subsidiary of Jack Henry &
Associates, Inc. (“JKH”) and (the “JKH
Merger”);
WHEREAS; the Board of Directors of
Company has requested and Employee has agreed to a reduction in
certain amounts payable to Employee in connection with the JKH
Merger in order to directly increase the merger consideration
payable to shareholders of the Company by an equivalent amount;
and
WHEREAS, as a condition precedent to
such increase, JKH has required the execution of this Amendment by
Employee.
NOW, THEREFORE, in consideration of
the mutual promises and agreements made herein, and