Exhibit 10.29
AMENDMENT
TO THE
AMENDED AND
RESTATED
EMPLOYMENT
AGREEMENT
This Amendment to the Amended and
Restated Employment Agreement is made as of December 5, 2008
by and between FGX International Inc., a Delaware corporation (the
“Company”) and Steven Crellin, a resident of the
Commonwealth of Massachusetts (the
“Employee”).
WHEREAS , the Company and the Employee are parties to a
certain amended and restated Employment Agreement dated as of
February 18, 2008 (the “Agreement”);
WHEREAS , pursuant to and in accordance with
Section 22 of the Agreement, the Company and the Employee
desire to amend the Agreement to, among other things, comply with
the provisions of Section 409A of the Internal Revenue Code of
1986 (“Section 409A”).
NOW THEREFORE
, in consideration of the foregoing
promises and agreements contained herein, and for good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the Company and the Employee agree as
follows:
1.
Section 9(e) shall be
amended in its entirety to read as follows:
“(e)
Resignation for Good
Reason .
Notwithstanding anything to the contrary within this Agreement, if
the Company substantially changes the terms and conditions of
Employee’s employment by either (i) unilaterally
materially re
