Attached files
| file | filename |
|---|---|
| 10-Q - FORM 10-Q - BOB EVANS FARMS INC | l40486e10vq.htm |
| EX-32.1 - EX-32.1 - BOB EVANS FARMS INC | l40486exv32w1.htm |
| EX-31.2 - EX-31.2 - BOB EVANS FARMS INC | l40486exv31w2.htm |
| EX-31.1 - EX-31.1 - BOB EVANS FARMS INC | l40486exv31w1.htm |
| EX-32.2 - EX-32.2 - BOB EVANS FARMS INC | l40486exv32w2.htm |
| EXCEL - IDEA: XBRL DOCUMENT - BOB EVANS FARMS INC | Financial_Report.xls |
Exhibit 10.2
SECOND AMENDMENT TO THE
BOB EVANS FARMS, INC. AND AFFILIATES
THIRD AMENDED AND RESTATED
SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN
BOB EVANS FARMS, INC. AND AFFILIATES
THIRD AMENDED AND RESTATED
SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN
This Second Amendment (this “Amendment”) to the Bob Evans Farms, Inc. and Affiliates Third
Amended and Restated Supplemental Executive Retirement Plan (the “Plan”) is effective as of August
24, 2010.
WHEREAS, Bob Evans Farms, Inc. (the “Corporation”) maintains the Plan; and
WHEREAS, pursuant to Section 8.01 of the Plan, the Corporation desires to amend the Plan to
conform the definition of “Cause” contained in the Plan with the definition of “Cause” contained in
the Bob Evans Farms, Inc. 2010 Equity and Cash Incentive Plan; and
WHEREAS, Section 8.01 of the Plan requires that the Corporation obtain the consent of any
Member (as defined in the Plan) to an amendment if the amendment affects the Member’s vested rights
accrued under the Plan;
NOW, THEREFORE, subject to the consent of any Member against whom such provision shall be
applied, Section 2.04 of the Plan is hereby deleted in its entirety and the following is
substituted therefor:
2.04 Cause. Unless otherwise specified in any employment agreement between the
Member and the Corporation or any other Group Member or in any change in control
agreement between the Member and the Corporation or any other Group Member (but only
within the context of the events contemplated by the employment agreement or change
in control agreement, as applicable), a Member’s:
| (1) | Willful and continued failure to substantially perform assigned duties; | ||
| (2) | Gross misconduct; | ||
| (3) | Breach of any term of any agreement with the Corporation or any other Group Member, including the Plan; | ||
| (4) | Conviction of (or plea of no contest or nolo contendre to) (a) a felony or a misdemeanor that originally was charged as a felony but which was subsequently reduced to a misdemeanor through negotiation with the charging entity or (b) a crime other than a felony, which involves a breach of trust or fiduciary duty owed to the Corporation or any other Group Member; or | ||
| (5) | Violation of any policy of the Corporation or any other Group Member that applies to the Member. |
Notwithstanding the foregoing, Cause will not arise solely because the Member is absent
from active employment during periods of vacation, consistent with the Corporation’s or
any Group Member’s applicable vacation policy, or other period of absence approved by the
Corporation or other Group Member.
IN WITNESS WHEREOF, the Corporation has caused this Amendment to be executed by its
duly authorized officer effective as of the date set forth above.
| BOB EVANS FARMS, INC. |
||||
| By: | /s/ Joe Eulberg | |||
| Joe Eulberg, Executive Vice President – Human Resources | ||||