AMENDMENT NO. 2 TO RETIREMENT
BENEFIT AGREEMENT
THIS AMENDMENT NO.
2 TO RETIREMENT BENEFIT AGREEMENT (this “Amendment”) is
made as of this 25 th day of April, 2008, by and between
Mylan Inc., a Pennsylvania corporation formerly known as Mylan
Laboratories Inc. (the “Company”), and Milan Puskar,
former Chief Executive Officer and current Chairman of the Board of
Directors of the Company (“Executive”).
WHEREAS, the
Company and Executive are party to that certain Retirement Benefit
Agreement dated as of January 27, 1995, as amended as of
September 27, 2001 (the “Agreement”);
and
WHEREAS, as
permitted by Section XVI of the Agreement and in recognition
of Executive’s continued commitment and service to the
Company as Chairman of the Board, the Company and Executive desire
to amend the Agreement, upon the terms and conditions set forth
herein;
NOW, THEREFORE,
for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties hereto, intending to be
legally bound, agree as follows:
1. A new
Section V.A is hereby added to the Agreement (between
Sections V and VI thereof, which Section reads in its entirety
as follows:
“V.A.
SERVICE ON THE BOARD OF DIRECTORS
5.A.1 Effective as
of the date that Executive is no longer serving as a member of the
Company’s Board of Directors (other than by reason of
Executive’s death), the Company shall provide to Executive,
for the remainder of his life, continued access to corporate
aircraft comparable to that made available to him immediately prior
to the cessation of his service as Chairman, for his personal use
for an aggregate of 70 hours per calendar year (defined as
wheels-up with Executive and/or his family on the aircraft and
pro-rated for any portion of a calendar year), with such access in
all other respects to be provided in accordance with the
Company’s practice immediately prior to the cessation of his
service as Chairman. The number of hours of a
