AMENDED AND RESTATED CHANGE OF CONTROL PROTECTION AGREEMENTChange of Control • January 7th, 2009 • Overseas Shipholding Group Inc • Deep sea foreign transportation of freight • Delaware
This Amended and Restated Change of Control Protection Agreement (this “Agreement”) is made and entered into as of December 31, 2008, (the “Effective Date”) by and between Overseas Shipholding Group, Inc., a corporation incorporated under the laws of Delaware with its principal office at 666 Third Avenue, New York, New York 10017 (the “Company”) and Morten Arntzen (the “Executive”).
December 31, 2008Overseas Shipholding Group Inc • January 7th, 2009 • Deep sea foreign transportation of freight
This letter agreement shall serve as the second amendment to the employment letter agreement (the “Agreement”), dated as of January 19, 2004, by and between you and Overseas Shipholding Group, Inc. a corporation incorporated under the laws of Delaware with its principal office at 666 Third Avenue, New York, New York 10017, to further facilitate compliance with Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and the applicable regulations thereunder.
December 31, 2008Overseas Shipholding Group Inc • January 7th, 2009 • Deep sea foreign transportation of freight
This letter agreement shall serve as an amendment to the employment letter agreement (the “Employment Agreement”), dated as of September 24, 2006, by and between you and Overseas Shipholding Group, Inc. The parties agree that the amendments set forth herein are intended to comply with the requirements of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and the regulations and guidance promulgated thereunder (collectively “Code Section 409A”).
December 31, 2008 Mr. Jonathan Whitworth Overseas Shipholding Group, Inc.Employment Agreement • January 7th, 2009 • Overseas Shipholding Group Inc • Deep sea foreign transportation of freight
AMENDED AND RESTATED CHANGE OF CONTROL PROTECTION AGREEMENTProtection Agreement • January 7th, 2009 • Overseas Shipholding Group Inc • Deep sea foreign transportation of freight • Delaware
This Amended and Restated Change of Control Protection Agreement (this “Agreement”) is made and entered into as of December 31, 2008, (the “Effective Date”) by and between Overseas Shipholding Group, Inc., a corporation incorporated under the laws of Delaware with its principal office at 666 Third Avenue, New York, New York 10017 (the “Company”) and __________________1 (the “Executive”).
December 31, 2008Overseas Shipholding Group Inc • January 7th, 2009 • Deep sea foreign transportation of freight
Reference is hereby made to the Restricted Stock Unit Award Agreement between you and Overseas Shipholding Group, Inc. (the “Company”) with a Grant Date of February 15, 2007 (the “RSU Agreement”). Unless otherwise indicated, any capitalized term used but not defined herein will have the meaning ascribed to such term in the RSU Agreement. Pursuant to Section 10 of the RSU Agreement, the parties hereby agree to amend the RSU Agreement as set forth herein to comply with Section 409A of the Internal Revenue Code of 1986, and the regulations and guidance promulgated thereunder.
