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Live Ventures Inc – ‘10-K’ for 9/30/17 – ‘EX-10.47’

On:  Thursday, 1/18/18, at 5:27pm ET   ·   For:  9/30/17   ·   Accession #:  1683168-18-179   ·   File #:  1-33937

Previous ‘10-K’:  ‘10-K’ on 12/29/16 for 9/30/16   ·   Next:  ‘10-K/A’ on 1/19/18 for 9/30/17   ·   Latest:  ‘10-K’ on 12/22/23 for 9/30/23   ·   5 References:   

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 1/18/18  Live Ventures Inc                 10-K        9/30/17   18:1.4M                                   GlobalOne Filings Inc/FA

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                       HTML    727K 
 2: EX-4.1      Waiver Agreement                                    HTML     20K 
 4: EX-10.10    Amended Warrant                                     HTML     11K 
 5: EX-10.11    Amendment to Warrants                               HTML     16K 
 6: EX-10.30    First Amendment to Loan Agreement                   HTML     19K 
 7: EX-10.31    Second Amendment to Loan Agreement                  HTML     21K 
 8: EX-10.39    Amendment to Employment Agreement                   HTML     12K 
 9: EX-10.46    Employment Agreement                                HTML     47K 
10: EX-10.47    Amendment to Employment Agreement                   HTML     15K 
11: EX-10.55    Reinstatement and First Amendment to Engagement     HTML     18K 
                          Agreement                                              
 3: EX-10.9     Warrant Amendment                                   HTML     13K 
12: EX-21.1     List of Live Ventures Incorporated Subsidiaries     HTML      9K 
13: EX-23.1     Consent of Experts or Counsel                       HTML      7K 
14: EX-23.2     Consent of Experts or Counsel                       HTML      7K 
15: EX-31.1     Certification of Chief Executive Officer            HTML     13K 
16: EX-31.2     Certification of Chief Financial Officer            HTML     13K 
17: EX-32.1     Certification -- Sarbanes-Oxley Act - Sect. 906     HTML      9K 
18: EX-32.2     Certification -- Sarbanes-Oxley Act - Sect. 906     HTML      9K 


EX-10.47   —   Amendment to Employment Agreement


This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



Exhibit 10.47

 

AMENDMENT TO EMPLOYMENT AGREEMENT

 

THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into as of the 16th day of January, 2018, by and between Marquis Industries, Inc., a Georgia corporation (the “Company”), and Timothy A. Bailey (“Bailey”).

 

WHEREAS, the Company and Executive have entered into an employment agreement, effective as of July 6, 2015 (the “Employment Agreement”); and

 

WHEREAS, the Company and Executive desire to amend the Employment Agreement in the manner reflected herein.

 

In consideration of the mutual promises, covenants and agreements herein contained, intending to be legally bound, the parties agree as follows:

 

1.       Section 1 of the Employment Agreement hereby is amended to add the following sentence at the end thereof:

 

“Effective as of July 6, 2018, Bailey shall resign his position as Chief Executive Officer of Marquis and, commencing on such date and continuing through December 31, 2018 (the “Extended Term”), Bailey shall continue as an employee of Marquis and serve solely as an advisor to the Board.”

 

2.       Section 2 of the Employment Agreement hereby is amended by deleting such section in its entirety and by substituting in lieu thereof the following:

 

2. Term.

 

Bailey shall be employed by Employer hereunder for a term commencing on the Effective Date and continuing through the end of the Extended Term, unless terminated earlier pursuant to Section 5 (other than (x) Sections 5(i) and (iv) in the first paragraph of Section 5 and (y) the second paragraph of Section 5, neither of which shall not be applicable during the Extended Term) or Section 6 of this Agreement. The period during which Bailey is employed by Employer hereunder is referred to herein as the “Term”.”

 

3.       Section 3 of the Employment Agreement hereby is amended to add the following sentence at the end thereof:

 

3. Salary and Benefits.

 

The parties acknowledge and agree that Bailey’s annual salary was increased from One Hundred Sixty-five Thousand Dollars ($165,000) to Two Hundred Twenty-Five Thousand Dollars ($225,000) and, up and through July 5, 2018, Bailey shall continue to receive such amount as an annual salary. During the Extended Term, Bailey shall be paid an aggregate amount of One Hundred Fifty Thousand Dollars ($150,000), payable in equal periodic installments in accordance with the Employer’s customary payroll practices. For the avoidance of doubt, during the Extended Term, Bailey shall continue to receive (i) a fringe benefits package that, taken as a whole, is economically comparable to that which he enjoyable at Marquis prior to the Effective Date, subject to the terms and conditions of the appropriate plans and (ii) a car allowance of One Thousand Dollars ($1,000) per month.

 

Unless Marquis terminates Bailey for Cause (as defined in this Agreement), Marquis acknowledges and agrees to pay the cost of Bailey’s family medical insurance coverage during the COBRA Period. “COBRA Period” means the earlier to occur of: (a) eighteen (18) months after the termination of this Agreement, (b) the date he is eligible to enroll in the health, dental and/or vision plans of another employer or (c) if the Company in good faith determines that such payments would result in a discriminatory health plan pursuant to the Patient Protection and Affordable Care Act of 2010, as amended, and any guidance or regulations promulgated thereunder.”

 

 

 

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3.       Section 4 of the Employment Agreement hereby is amended to add the following sentence at the end thereof:

 

“During the Extended Term, Bailey shall serve at the pleasure of the Board on an “as needed” basis.”

 

4.       Except as specifically amended hereby, the Employment Agreement shall remain in full force and effect.

 

5.       This Amendment may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

 

 

(Remainder of this page intentionally left blank; signatures begin on the next page.)

 

 

 

 

 

 

 

 

 

 

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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above.

 

MARQUIS INDUSTRIES, INC.

 

  TIMOTHY A. BAILEY

By: /s/ Larry Heckman

Name: Larry Heckman

Title: President

 

/s/ Timothy A.Bailey

Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
12/31/18
7/6/18
7/5/18
Filed on:1/18/188-K
For Period End:9/30/17NT 10-K
7/6/154
 List all Filings 


5 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

12/22/23  Live Ventures Inc.                10-K        9/30/23  126:14M                                    Workiva Inc Wde… FA01/FA
12/16/22  Live Ventures Inc.                10-K        9/30/22  124:21M                                    Donnelley … Solutions/FA
12/28/21  Live Ventures Inc.                10-K        9/30/21  122:21M                                    Donnelley … Solutions/FA
 1/13/21  Live Ventures Inc.                10-K        9/30/20  117:17M                                    ActiveDisclosure/FA
 8/27/20  Live Ventures Inc.                1-A                    6:464K                                   GlobalOne Filings Inc/FA
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Filing Submission 0001683168-18-000179   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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