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AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT

Employee Retention Agreement

AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT | Document Parties: GFI GROUP INC. You are currently viewing:
This Employee Retention Agreement involves

GFI GROUP INC.

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Title: AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
Governing Law: New York     Date: 3/2/2009
Industry: Investment Services     Sector: Financial

AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT, Parties: gfi group inc.
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Exhibit 10.29

 

AMENDMENT NO. 1 TO
EMPLOYMENT AGREEMENT

 

This AMENDMENT NO. 1 (this “ Amendment ”) to that certain Employment Agreement, dated as of March 26, 2007 (the “ Agreement ”), by and between GFI Group Inc., a Delaware corporation (the “ Company ”), and Scott Pintoff (“ Executive ”), is made on December 31, 2008 (the “ Amendment Effective Date ”).

 

WHEREAS, the Company and Executive desire to amend the Agreement according to Section 12(a) thereof so that it complies with Code § 409A; and

 

WHEREAS, the Company and Executive have each approved this Amendment and the changes to the Agreement that it will effect.

 

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned agree as follows:

 

Section 1.                                             Amendments .  The Agreement shall be amended as follows:

 

A.            Section 5(a) shall be amended by adding at the end of the last sentence thereof the phrase “and Executive shall continue to make himself available on a full-time basis to perform any requested employment duties during such time”.

 

B.              Section 5(b) shall be amended by adding at the end of the last sentence thereof the following:

 

, and any revocation period with respect to such release shall have expired, in each case within sixty (60) days of the date of termination, and such payments shall, subject to Section 13 hereof, be made upon the sixtieth (60th) day following Executive’s termination of employment, provided that to the extent any such payments do not constitute “deferred compensation” for purposes of Code Section 409A, such payments shall be made after the release is executed and no longer subject to revocation.

 

C.              Section 5(d) shall be amended by (1) inserting in the last sentence thereof, immediately following the word “executes”, the phrase “and does not revoke”, and (2) adding at the end of the last sentence thereof the following:

 

, and any revocation period with respect to such release shall have expired, in each case within sixty (60) days of the date of termination, and such payments shall, subject to Section 13 hereof, be made upon the sixtieth (60th) day following Executive’s termination of employment, provided that to the extent any such payments do not constitute “deferred compensation” for purposes of Code Section 409A, such payments shall be made after the release is executed and no longer subject to revocation.

 



 

D.             Section 5(e) shall be amended by adding at the end of the last sentence thereof the following:

 

, and any revocation period with respect to such release shall have expired, in each case within sixty (60) days of the date of termination, and such payments shall, subject to Section 13 hereof, be made upon the sixtieth (60th) day following Executive’s termination of employment, provided that to the extent any such payments do not constitute “deferred compensation” for purposes of Code Section 409A, such payments shall be made after the release is executed and no longer subject to revocation.

 

E.               Section 5(g) shall be deleted in its entirety.

 

F.               Section 6 (“Parachute Payments”) shall be amended by (1) deleting from the last sentence thereof all language following the phrase “required to be reduced,”, and (2) adding at the end of second sentence thereof, as amended, the following:

 

, such reduction shall be implemented by determining the “Parachute Payment Ratio” (as defined below) for each “parachute payment” and then reducing the “parachute payments” in order, beginning with the “parachute payment” with the highest Parachute Payment Ratio.  “Parachute payments” with the same Parachute Payment Ratio shall be reduced based on the payment dates of such “parachute payments,” with amounts having later payment dates being reduced first.  “Parachute payments” with the same Parachute Payment Ratio and the same payment dates shall be reduced on a pro


 
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