Exhibit 10.13a
AMENDMENT to LEVEL
3
EMPLOYMENT
AGREEMENT
THIS AMENDMENT (the
“Amendment”), effective as of April 17, 2000, by and
between PSS World Medical, Inc., a Florida corporation (the
“Company”), and the officer of the Company whose
signature appears below (“Executive”), amends that
certain Employment Agreement, dated as of the date indicated below,
by and between the Company and Executive, as heretofore amended
(the “Employment Agreement”).
In consideration of the mutual
promises and covenants herein contained, the parties hereto agree
as follows:
1. Section 3 of the Employment
Agreement is hereby amended by adding the following sentence at the
end thereof:
“Notwithstanding the
foregoing, if a Change of Control occurs the Employment Period
shall be automatically extended through the later of (i) the second
anniversary of the Change of Control, or (ii) the normal expiration
of the then-current term, including any prior
extensions.”
2. Section 6 of the Employment
Agreement is hereby amended by deleting in its entirety the
definition of Change of Control and substituting therefor the
following:
A “Change of Control”
shall mean:
(a) The acquisition by any
individual, entity or group (within the meaning of Section 13(d)(3)
or 14(d)(2) of the Securities Exchange Act of 1934, as amended (the
“Exchange Act”)) (a “Person”) of beneficial
ownership (within the meaning of Rule 13d-3 promulgated under the
Exchange Act) of 35% or more of the combined voting power of the
then outstanding voting securities of the Company entitled to vote
generally in the election of directors (the “Outstanding
Company Voting Securities”); provided, however, that for
purposes of this subsection (a), the following acquisitions shall
not constitute a Change of Control: (i) any acquisition by any
employee benefit plan (or relate