Exhibit 10.4.1
AMENDMENT TO EMPLOYMENT AGREEMENT
This Amendment to Employment Agreement is executed on the 25th day of
October, 1999, by and between BALLANTYNE OF OMAHA, INC. ("Ballantyne"), a
Delaware corporation, with its principal offices at 0000 XxXxxxxx Xxxxxx, Xxxxx,
Xxxxxxxx 00000 (the "Company"), and XXXX X. XXXXXX, an individual residing at
0000 Xxxxx Xxxxxx, Xxxx Xxxxxxx, Xxxxxxxx 00000 (the "Employee").
WITNESSETH:
That certain Employment Agreement entered into between the parties on
May 1, 1998, is hereby amended as follows:
1. Paragraph 3(b) of said Employment Agreement is hereby amended to
read:
"(b) Notwithstanding anything to the contrary provided herein, the
Company or the Employee may give the other 120 days' notice prior to
the end of the term, or of any extension or renewal thereof, of such
parties' intention to negotiate a new employment arrangement
commencing at the end of the term or to terminate this Agreement. In
the event no such notice is given, the term described at subparagraph
(a) above shall automatically renew for an additional year, and this
subsection (b) shall be applicable again within such extension."
2. Paragraph 3(e) of said Employment Agreement is hereby amended to
read as follows:
"(e) In the event the company shall be sold, whether by a sale of
assets or stock, such sale will automatically trigger a simultaneous
renewal of the term of this Agreement as provided in paragraph 3(a)
hereof, with the first day of such renewal term being the day of
closing of the sale, and this Agreement shall remain in full force and
effect."
Except for the changes herein set forth, all other terms, provisions
and conditions of said Employment Agreement of May 1, 1998, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands the date
above written.
BALLANTYNE OF OMAHA, INC.
BY: /s/ Xxxx X. Xxxxxxx
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President
/s/ Xxxx X. Xxxxxx
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Xxxx X. Xxxxxx
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