Exhibit
10(iii)A(79)
AMENDMENT
No. 1
TO
ACUITY BRANDS,
INC
AMENDED AND
RESTATED SEVERANCE AGREEMENT
THIS AMENDMENT
made and entered into as of the 28 th
day
of October, 2009, by and between ACUITY BRANDS, INC. (the
“Company”) and MARK A. BLACK
(“Executive”);
W I T N E S S E
T H
WHEREAS, the
Company and Executive entered into a Severance Agreement, dated as
of November 19, 2008 (“Severance Agreement”),
providing for the payment of certain compensation and benefits to
Executive if Executive’s employment is terminated under
certain circumstances; and
WHEREAS, the
parties now desire to amend the Severance Agreement in the manner
hereinafter provided;
NOW,
THEREFORE, the Severance Agreement is hereby amended, as
follows:
1.
Section 4.2
is hereby amended by deleting the present section in its entirety
and substituting the following in lieu thereof:
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“4.2
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Annual
Bonus . Executive
shall be paid an amount equal to the greater of (i) 135% of
employee’s gross salary, multiplied by a fraction (the
“Pro Rata Fraction”), the numerator of which is the
number of days that have elapsed in the then current fiscal year
through Executive’s Date of Termination and the denominator
of which is 365, or (ii) the annual incentive bonus that would
be paid or payable to Executive under the Incentive P
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