Exhibit 10.42
AMENDMENT NO 3 TO AMENDED AND RESTATED
EMPLOYMENT AGREEMENT
Amendment No. 3 dated as of January 1, 2004 to Amended and Restated
Employment Agreement dated as of July l, 1999 between Brightpoint, Inc., a
Delaware corporation (the "Employer" or the "Company"), and Xxxxxx X. Xxxxxx
(the "Employee").
WHEREAS, the Employer and the Employee have entered into an amended and
restated employment agreement dated as of July 1, 1999, as amended by those
certain amendments dated as of January 1, 2001 and January 1, 2003 (the
"Employment Agreement");
WHEREAS, the Employer and Employee wish to amend the section of the
Employment Agreement as provided below to reflect the increased base salary of
the Employee as recently approved by the Compensation & Human Resources
Committee of the Board of Directors of the Company and the Board of Directors of
the Company;
NOW, THEREFORE, the Employer and Employee hereby amend section 3.A of
the Employment Agreement to provide as follows:
3. Compensation.
"A. During the term of this Agreement, the
Employer shall pay the Employee a salary (the "Salary") at a rate of $670,000
per annum in respect of each Employment Year, payable in equal monthly
installments on the first day of each month, or at such other times as may
mutually be agreed upon between the Employer and the Employee. Such Salary may
be increased from time to time at the discretion of the Board."
Except as provided above all other provisions of the Employment Agreement shall
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed and
delivered this Amendment as of the date first above written.
BRIGHTPOINT, INC.
By: /s/ Xxxxxx X. Xxxxx
----------------------------------
Name: Xxxxxx X. Xxxxx
Title: Executive Vice President, General
Counsel and Secretary
By: /s/ Xxxxxx X. Xxxxxx
-----------------------------------
Name: Xxxxxx X. Xxxxxx
