Exhibit
10.10
AMENDMENT TO EMPLOYMENT
AGREEMENT
This Amendment to Employment Agreement
(as defined below) (the “Amendment”), dated March 12,
2009, is by and between Glowpoint, Inc., a Delaware corporation
(“Glowpoint”), and David W. Robinson (the
“Employee”). Capitalized terms used but not
otherwise defined in this Amendment will have the meanings set
forth in the Employment Agreement.
WHEREAS , the Employee and Glowpoint entered into an
Employment Agreement on May 1, 2006, as amended on April 24, 2007,
September 20, 2007, and April 30, 2008 (collectively, the
“Employment Agreement”);
WHEREAS , the Employee’s employment term is currently
scheduled to expire on May 4, 2010 (the “Expiration
Date”);
WHEREAS , Glowpoint wishes to extend the Expiration Date, and
the Employee wishes to continue to work for Glowpoint until the
extended Expiration Date;
WHEREAS , Section 409A of the Internal Revenue Code of 1986,
as amended (the “Code”) requires employment agreement
provisions that are nonqualified plans of deferred compensation
under Code Section 409A to satisfy certain provisions of Code
Section 409A and the regulations thereunder (the “Section
409A Provisions”); and
WHEREAS , Glowpoint and the Employee wish to satisfy the
Section 409A Provisions prior to a vesting event and avoid the tax
consequences of a failure to satisfy the Section 409A Provisions
upon or after a vesting event.
NOW,
THEREFORE , in consideration
of the mutual covenants set forth in the Employment Agreement and
this Amendment, the parties further amend the Employment Agreement
as follows:
1.
Term . The Employment Agreement is hereby amended to
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