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FIRST AMENDMENT TO
O’CHARLEY’S INC.
EXECUTIVE EMPLOYMENT AGREEMENT
(the “Amendment”)
O’CHARLEY’S INC.
(the “Company”)
Lawrence E. Hyatt
(“Executive”)
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A.
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Executive is currently employed as
the Company’s Chief Financial Officer, Secretary and
Treasurer and is party to that certain O’Charley’s Inc.
Executive Employment Agreement dated as of November 6, 2007 by
and between the Company and Executive (the
“Agreement”).
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B.
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Executive has agreed to serve as the
Company’s interim Chief Executive Officer and President
commencing February 12, 2009 until the hiring of a new Chief
Executive Officer and President.
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C.
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The
Company and Executive desire to amend the Agreement to address the
matters set forth below.
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NOW, THEREFORE,
the Company and the Executive hereby amend the Agreement as
follows:
Section 1. Section 1.1 of Article I of the
Agreement is hereby amended by adding the following sentence to the
end thereof:
“In
addition, commencing February 12, 2009 the Company hereby
employs Executive as the Company’s interim Chief Executive
Officer and President until the hiring of a new Chief Executive
Officer and President or such earlier time as determined by the
Board of Directors.”
Section 2. Section 1.3 of Article I of the
Agreement is hereby amended to provide that the defined term
“Initial Term” shall mean August 29,
2011.
Section 3. The following shall be added as
Section 2.5 of
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