EXHIBIT 10.1
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
OF XXXXXXXX X. XXXXX
This third amendment (the "Amendment") to the Employment Agreement of Xxxxxxxx
X. Xxxxx is entered into effective as of February 11, 2004, by and between
Capital Senior Living Corporation (the "Company") and Xxxxxxxx X. Xxxxx
("Employee").
WHEREAS, the Company and Employee entered into the Employment Agreement dated
June 1, 1999, as amended by the Amendment to Employment Agreement dated June 1,
2002, and the Second Amendment to Employment Agreement dated January 16, 2003,
(the "Employment Agreement"), and
WHEREAS, the Company and Employee desire to amend the Employment Agreement.
NOW, THEREFORE, in consideration of the foregoing, the mutual promises of the
parties hereto and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. At the end of Paragraph 17(A), the following sentence shall be
added: "The offering by the Company completed using the Company's
Prospectus Supplement dated January 28, 2004 pursuant to the
Company's Form S-3 Registration Statement shall not be considered
one (1) of the two (2) registration statements of the Company
which would limit Employee's registration rights as described in
the preceding sentence, since Employee voluntarily waived his
registration rights with respect to such offering."
IN WITNESS WHEREOF, this Amendment has been duly executed on the 11th day of
February, 2004.
COMPANY: CAPITAL SENIOR LIVING CORPORATION
By: /s/ Xxxxx X. Xxxxxx
-----------------------------------------
EMPLOYEE:
By: /s/ Xxxxxxxx X. Xxxxx
-----------------------------------------
Xxxxxxxx X. Xxxxx
