BOB EVANS FARMS INC 10-Q 2010
SECOND AMENDMENT TO THE
BOB EVANS FARMS, INC. AND AFFILIATES
THIRD AMENDED AND RESTATED
SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN
This Second Amendment (this Amendment) to the Bob Evans Farms, Inc. and Affiliates Third Amended and Restated Supplemental Executive Retirement Plan (the Plan) is effective as of August 24, 2010.
WHEREAS, Bob Evans Farms, Inc. (the Corporation) maintains the Plan; and
WHEREAS, pursuant to Section 8.01 of the Plan, the Corporation desires to amend the Plan to conform the definition of Cause contained in the Plan with the definition of Cause contained in the Bob Evans Farms, Inc. 2010 Equity and Cash Incentive Plan; and
WHEREAS, Section 8.01 of the Plan requires that the Corporation obtain the consent of any Member (as defined in the Plan) to an amendment if the amendment affects the Members vested rights accrued under the Plan;
NOW, THEREFORE, subject to the consent of any Member against whom such provision shall be applied, Section 2.04 of the Plan is hereby deleted in its entirety and the following is substituted therefor:
2.04 Cause. Unless otherwise specified in any employment agreement between the Member and the Corporation or any other Group Member or in any change in control agreement between the Member and the Corporation or any other Group Member (but only within the context of the events contemplated by the employment agreement or change in control agreement, as applicable), a Members:
Notwithstanding the foregoing, Cause will not arise solely because the Member is absent from active employment during periods of vacation, consistent with the Corporations or any Group Members applicable vacation policy, or other period of absence approved by the Corporation or other Group Member.
IN WITNESS WHEREOF, the Corporation has caused this Amendment to be executed by its duly authorized officer effective as of the date set forth above.