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AMENDMENT
NO. 1 TO AMENDED AND RESTATED
EMPLOYMENT AGREEMENT
This
amendment is made effective as of March 9, 2009 by and between
Advocat Inc., a Delaware corporation (the “Company”),
and Raymond L. Tyler (the “Executive”).
The
Company and the Executive are parties to that certain amended and
restated employment agreement dated March 31, 2006 (the
“Employment Agreement”). In exchange for continued
employment with the Company, the Executive has agreed to amend the
Employment Agreement as set forth herein.
The
parties therefore agree as follows:
1. Section II
of the Employment Agreement is hereby amended and restated as
follows:
“During
the Period of Employment, the Executive agrees to serve as Senior
Vice President of Nursing Home Operations (VPO) of the Company
and to be responsible for the typical management responsibilities
expected of an officer holding such position and such other
responsibilities as may be assigned to Executive from time to time
by the Chief Executive Officer or Chief Operating Officer of the
Company.”
2. The
second sentence of Section III(B) of the Employment Agreement
is hereby amended and restated as follows:
“The
Executive will perform faithfully the duties which may be assigned
to him from time to time by the Chief Executive Officer or Chief
Operating Officer of the Company.”
3. Section IV(A)(1)
of the Employment Agreement is hereby amended and restated as
follows:
The
Company shall pay the Executive a base salary (“Base
Salary”) as follows: Two Hundred Fifty Thousand Dollars
($250,000) per annum.
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