EXHIBIT 10.26
FIRST AMENDMENT TO THE LETTER AGREEMENT DATED JULY 28, 2004
BETWEEN XXXXX X. XXXXXX AND ONEIDA LTD.
FIRST AMENDMENT (this "Amendment"), dated as of February ___, 2005, to the
Letter Agreement dated as of July 28, 2004 (the "Letter Agreement"), among
Oneida Ltd., (the "Company") and Xxxxx X. Xxxxxx ("Xx. Xxxxxx").
Whereas, the Company and Xx. Xxxxxx have entered into the Letter Agreement
and after consideration have determined that it is in the best interests of both
the Company and Xx. Xxxxxx to amend the Letter Agreement;
Now therefore, the parties hereby agree that existing paragraph 12 of the
Letter Agreement shall be deleted in its entirety and replaced with the
following new paragraph 12;
12. Entire Agreement. All prior negotiations and agreements between the
parties hereto with respect to the matters contained herein, except the payment
provisions of the Retention Bonus Agreement dated June 23, 2004, are superseded
by this Agreement, and there are no representations, warranties, understandings
or agreements other than those expressly set forth herein.
Except as set forth expressly above, all terms of the Letter Agreement
shall be and remain in full force and effect, and shall constitute the legal,
valid, binding and enforceable obligations of the parties.
IN WITNESS WHEREOF, the Company and Xx. Xxxxxx have caused this Amendment
to be duly executed as of the day and year first above written.
ONEIDA LTD.
By: /s/ XXXXX X. XXXXXX
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Name: Xxxxx X. Xxxxxx
Title: Chief Executive Officer
By: /s/ XXXXX X. XXXXXX
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Xxxxx X. Xxxxxx
