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Exhibit 10.6
MIDDLEBROOK PHARMACEUTICALS, INC.
SECOND
AMENDMENT
TO
EXECUTIVE
EMPLOYMENT AGREEMENT
THIS
SECOND AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT (this
“Amendment”) is made as of November 19, 2007 (the
“Effective Date”) by and between Sandra E. Wassink
(the “Employee”), and MiddleBrook Pharmaceuticals,
Inc., a corporation organized and existing under the laws of
the State of Delaware and formerly known as Advancis
Pharmaceutical Corporation (the
“Company”).
WHEREAS,
the Employee and the Company are parties to an executive
Employment Agreement, dated August 13, 2003 (the
“Employment Agreement”); and
WHEREAS,
the Employee and the Company are also parties to a First
Amendment to an Executive Employment Agreement, dated
September 7, 2005
NOW,
THEREFORE, in consideration of the mutual covenants and
obligations contained herein, the sufficiency of which is
hereby acknowledged, and intending to be legally bound, the
parties, subject to the terms and conditions set forth herein,
agree as follows, effective as of the Effective
Date:
1.
All
capitalized terms used herein and not otherwise defined have
the meanings set forth in the Employment
Agreement.
2.
The
word “termination” as used throughout the
Employment Agreement with respect to the Employee’s
employment hereby refers to a “separation from
service” by the Employee from the Company, as defined by
Treasury Regulation §1.409A-1(h).
3.
Section
[8.4(a)] of
the Employment Agreement is hereby deleted in its entirety and
replaced with one of the following sections as selected below by
the Employee:
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