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AMENDMENT TO THE CHANGE OF CONTROL TERMINATION PROTECTION AGREEMENT
AMENDMENT made as of December 15, 2011 to the Change of Control Termination Protection Agreement dated as of March 31, 2011 between Morton’s Restaurant Group, Inc. (the “Company”) and Scott D. Levin (the “Executive”) (each a “Party,” and collectively, the “Parties”).
WHEREAS, the Parties desire to amend the Change of Control Termination Protection Agreement as set forth herein;
NOW, THEREFORE, effective as of the date hereof:
1. The first sentence of Section 3(c) shall be amended in its entirety to read as follows:
The Company shall pay Executive any unpaid Base Salary through the Termination Date and any Bonus earned but unpaid as of the Termination Date for any previously completed fiscal year of the Company (based on the achievement of the performance targets established by the Board and the Company’s Compensation Committee with respect to such previously completed fiscal year; provided that , for fiscal year 2011, such Bonus shall be calculated as follows: (i) if the Company achieved Consolidated EBITDA of $29,081,250, including the Company’s bonus accrual of $1,378,869, or higher, 100% of