EX-10.4
from 10-Q
1 page
Amendment No. 1 to Day Runner Restated 401(k) Plan and Trust Agreement Whereas, Day Runner, Inc. (The "Employer") Heretofore Adopted the Day Runner, Inc. 401(k) Plan (The "Plan"); and Whereas, the Employer Reserved the Right to Amend the Plan; and Whereas, the Employer Desires to Amend the Plan to Add Direct Enrollment; Now, Therefore, the Plan Is Hereby Amended, Effective as of October 1, 1999, as Follows: 1. Section 4.1(a) of the Plan Is Hereby Amended by Adding the Following Paragraph to the End of Said Section: "Notwithstanding the Foregoing, Any Employee, Upon First Becoming Eligible to Participate in the Plan Pursuant to Section 3.1, Who Fails to Affirmatively Make Any Deferral Election (Including an Election to Contribute Zero Percent (0%) of His Compensation to the Plan) Within the Time Prescribed by the Administrator, Shall Be Deemed to Have Elected to Contribute Three Percent (3%) ("Deemed Elective Deferral) of His Compensation on a Pre-Tax Basis to the Plan. the Administrator Shall Provide to Each Employee a Notice of His Right to Receive the Amount of the Deemed Elective Deferral in Cash and His Right to Increase or Decrease the Elective Deferral. the Administrator Shall Also Provide Each Such Employee a Reasonable Period to Exercise Such Rights Before the Date on Which the Cash Is Currently Available." 2. Except as Hereinabove Amended, the Provisions of the Plan Shall Continue in Full Force and Effect. in Witness Whereof, the Employer, by Its Duly Authorized Officer, Has Caused This Amendment to Be Executed on the 30th Day of August, 1999. Day Runner, Inc. By: /S/ James E. Freeman, Jr
12/34/56
EX-10
from 10-K
1 page
First Amendment to Officer Severance Plan This First Amendment Is Effective as of August 17, 1998 (The "Effective Date"). in Accordance With the Terms of Section 9(g) of the Officer Severance Plan and Pursuant to the Action of the Board of Directors of Day Runner, Inc., on August 17, 1998, the Officer Severance Plan Is Hereby Amended as Follows: 1. Section 2(f) Is Amended to Read in Its Entirety as Follows: "Employment Period" Means the Aggregate Period of Time During Which an Individual Has Been Employed as a Duly Elected or Appointed Officer (Other Than Solely as Secretary and/or Assistant Secretary) by the Company Prior to the Termination Date." 2. Section 3(b)(iii) Is Amended to Read in Its Entirety as Follows: The Result of Such Officer Having Submitted to the Company His or Her Written Resignation (Even if Such Indicates That Such Resignation Is "Voluntary") Upon and in Accordance With (A) the Request by the Board in Writing or Pursuant to a Duly Adopted Resolution of the Board or (B) With Respect to All Eligible Officers Other Than the Chairman of the Board or the Chief Executive Officer of the Company, the Written Request of the Chief Executive Officer of the Company; 3. Section 4(b) Is Amended to Read in Its Entirety as Follows: Severance Bonus. the Amount of Severance Bonus Shall Be Based on the Highest Office of the Company Attained by the Eligible Officer at or Prior to the Termination Date and Shall Be Determined in Accordance With the Following Schedule: Highest Office Attained Asst. Vp/Vp Svp/Evp/COO Chr/Pres/CEO Number of Months of Severance Bonus 3 Months 4 Months 5 Months 4. the Officer Severance Plan, Except as Expressly Amended by This Amendment, Shall Continue in Full Force and Effect. in Witness Whereof, the Undersigned Has Executed This First Amendment to the Officer Severance Plan as of the Date First Written Above. Day Runner, Inc. Mark Vidovich, Chairman of the Board
12/34/56
