Exhibit 10.1
May 7,
2009
PERSONAL &
CONFIDENTIAL
Robert
Moitoso
[Home address
redacted]
Re: Amendment No. 2 to
Employment Agreement dated January 3, 2007 between you and NYFIX,
Inc., as amended by Amendment No. 1 dated December 29,
2008 (the “Agreement”).
Dear
Bob:
You and NYFIX,
Inc. agree to the following amendments to the Agreement.
The second full
paragraph on Page 3 of the Agreement, as amended by Amendment No.
1, is hereby further amended in its entirety and replaced
with:
“While we
certainly hope that your employment with NYFIX will be long and
mutually rewarding, this offer is not a guarantee of employment for
a specific period of time. You should understand that
you are an employee at-will, which means that either you or NYFIX
may terminate your employment for any reason, at any time, with or
without notice. Please understand that no supervisor,
manager or representative of NYFIX other than the Chief Executive
Officer or the Chief Financial Officer has the authority to enter
into any agreement with you for employment for any specified period
of time or to make any promises or commitments contrary to the
forgoing. Further, any employment agreement entered into
by the Chief Executive Officer or the Chief Financial Officer shall
not be enforceable unless it is in a formal written agreement and
signed by you and one of these designated company
representatives. Notwithstanding the above, in the
e
