0001193125-10-061712 Sample Contracts

December 23, 2008 John Kirkpatrick 18305 E. San Jose Ave. City of Industry, CA 91748
Letter Agreement • March 19th, 2010 • Hot Topic Inc /Ca/ • Retail-apparel & accessory stores • California

This amended and restated employment letter agreement (the “Agreement”) with Hot Topic, Inc. (the “Company”) shall replace and supersede that certain letter agreement between you and the Company dated as of April 5, 2007 and that certain letter agreement between you and the Company dated as of April 5, 2007 (the “Prior Agreements”). The Prior Agreements are amended and restated in their entirety as set forth herein in order to, among other things, clarify the application of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”) to the benefits that may be provided to you pursuant to the terms of this Agreement.

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