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EMPLOYMENT AGREEMENT AMENDMENT FOR CODE SECTION 409A

Employment Agreement Amendment

EMPLOYMENT AGREEMENT AMENDMENT FOR CODE SECTION 409A | Document Parties: GT SOLAR INTERNATIONAL, INC. | GT Solar International, Inc You are currently viewing:
This Employment Agreement Amendment involves

GT SOLAR INTERNATIONAL, INC. | GT Solar International, Inc

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Title: EMPLOYMENT AGREEMENT AMENDMENT FOR CODE SECTION 409A
Date: 6/9/2009

EMPLOYMENT AGREEMENT AMENDMENT FOR CODE SECTION 409A, Parties: gt solar international  inc. , gt solar international  inc
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Exhibit 10.51

 

GT Solar International, Inc.

243 Daniel Webster Highway
Merrimack, New Hampshire 03054

 

EMPLOYMENT AGREEMENT AMENDMENT FOR CODE SECTION 409A

 

December 30, 2008

 

John Tattersfield

519 Bay Road

South Easton, MA 02375

 

Dear Mr. Tattersfield,

 

This letter agreement (the “ Amendment ”) shall amend the Employment Agreement (the “ Employment Agreement ”), dated as of August 6, 2007, between you (the “ Executive ”) and GT Solar International, Inc. (the “ Company ”).  All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Employment Agreement.  Except as modified by this Amendment, the Employment Agreement shall remain in full force and effect, and this Amendment shall not serve in any manner as a waiver or a novation of the Executive’s duties or obligations under the Employment Agreement; provided, that in the event that any provision in this Amendment conflicts with the Employment Agreement or any other agreement, policy, plan or arrangement between the Executive and the Company, the terms of this Amendment shall govern.

 

You agree and acknowledge that notwithstanding any other provision of the Employment Agreement to the contrary, the Employment Agreement is hereby amended as follows:

 

1.                                        Paragraph 3(e) of the Employment Agreement is amended as follows:

 

Following the phrase “ provided , however ,” the text “that the Executive must remain employed by the Company until each such Anniversary Date in order to receive each such payment; provided , further ,” shall be added to first sentence of paragraph 3(e).

 

2.                                        Clause (i) of paragraph 4(b) of the Employment Agreement is amended and restated in its entirety as follows:

 

“(i) continue to receive his Base Salary (paid in accordance with the Company’s general payroll practices in effect on the Termination Date) as special severance payments from the Termination Date for a period of six (6) months thereafter (the “ Severance Period ”) as provided in paragraph 4(h) below and delayed as required in paragraph 4(i) below (the date on which Executive’s employment under this Agreement terminates for any reason shall be referred herein as the “ Termination Date ”); and”

 

3.                                        Clause (iv) of paragraph 4(b) of the Employment Agreement is amended as follows:

 



 

The parenthetical at the end of the first sentence beginning “provided that if any stock of the Company…” and concluding “if earlier, upon Executive’s death” is deleted and replaced with the non-parenthetical clause “and subject to the provisions of paragraph 4(h) and 4(i) below.”

 

4.                                        A new paragraph 4(h) is added to the Employment Agreement as follows:

 

“(h)                            Once the Mutual Release described in paragraph 4(b) is executed and no longer subject to revocation then the following shall apply:

(i)                                    To the extent any cash payment or continuing benefit to be provided under paragraph 4(b) is not “deferred compensation” for purposes of Internal Revenue Code Section 409A and the regulations and guidance promulgated thereunder (collectively “ Code Section 409A ”), then such payment or benefit shall commence upon the first scheduled payment date immediately after the date the Mutual Release is executed and no longer subject to revocation (the “ Release Effective Date ”).  The first such cash payment shall include payment of all amounts that otherwise would have been due prior to the Release Effective Date under the terms of this Agreement applied as though such payments commenced immediately upon the Termination Date, and any payments made thereafter shall continue as provided herein.  The delayed benefits shall in any event expire at the time such benefits would have expired had such benefits commenced immediately following the Termination Date.

 

(ii)                                 To the extent any cash payment or continuing benefit to


 
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