Exhibit 10.8(a)
AMENDMENT NO. 1 TO
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
This Amendment No. 1 to the Amended and Restated Employment Agreement is made and entered into effective October 1, 2013 by and between Advantage Sales & Marketing LLC, a California limited liability company (the “Company”) and Tanya Domier (the “Executive”).
WITNESSETH:
WHEREAS, the Company and the Executive previously entered into that certain Amended and Restated Employment Agreement dated the 17th day of December, 2010 (the “Agreement”); and
WHEREAS, the Company and the Executive desire to amend the Agreement on the terms and subject to the conditions contained herein.
NOW, THEREFORE, in consideration of the above premises and the following mutual covenants and conditions, the parties agree as follows:
A. The first and second sentences of Section 2 of the Agreement are hereby replaced with the following:
2. Employment Duties. Effective January 1, 2013, the Executive shall serve as Chief Executive Officer of the Company, subject to the direction and control of the Board of Directors of the Company (the “Board”), shall oversee and direct the operations of the Company and shall perform such other duties consistent with the responsibilities of a Chief Executive Officer. The Executive shall also serve on request during all or any portion of the Term as an officer and/or director of any of the Company’s subsidiaries or affiliates as the Board may deem appropriate, without any additional compensation therefor.
B. The first sentence of Section 3 of the Agreement is hereby replaced with the following:
3. Term of Employment. The initial term of the Executive’s employment hereunder shall commence on the Closing and continue until the fifth anniversary of the Closing (the “Initial Term”).
C. The first sentence of Section 5.1 of the Agreement is hereby removed and replaced with the following:
5.1 Base Salary. Effective October 1, 2013, the Company shall pay the Executive a base salary of $850,000 per year (“Base Salary”), subject to annual review, payable in accordance with the payroll policies of the Company for senior executives as from time to time in effect, less such amounts as may be