EX-10.3
from 8-K
~10
pages
This Letter Confirms and Sets Forth the Terms and Conditions of the Engagement Between Alvarez & Marsal North America, LLC (“A&M”) and Exide Technologies, and Its Assigns and Successors (The “Company”), Including the Scope of the Services to Be Performed and the Basis of Compensation for Those Services. Upon Execution of This Letter by Each of the Parties Below (A) This Letter Will Constitute an Agreement Between the Company and A&M (The “Agreement”) and (B) That Certain Engagement Letter Agreement, Dated April 26, 2013 (The “Consulting Agreement”) Is Hereby Terminated, Provided That, for the Avoidance of Doubt, Pursuant to Section 5(d) of the Consulting Agreement, the Provisions of the Consulting Agreement That Give the Parties Rights or Obligations Beyond Its Termination (Including but Not Limited to Indemnification, Payment of Outstanding Fees and Expenses, Confidentiality, Non-Solicitation and Limitations on Liabilities) Shall Survive. 1. Description of Services. (A) Officers. in Connection With This Engagement, A&M Shall Make Available to the Company: (I) Robert M. Caruso to Serve as the Chief Restructuring Officer (The “Cro”); And
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EX-10.2
from 8-K
~5
pages
This Letter Amends That Certain Engagement Letter Agreement, Dated June 9, 2013 (The “Engagement Letter”), by and Between Alvarez & Marsal North America, LLC (“A&M”) and Exide Technologies, and Its Successors and Assigns (The “Company”). All Capitalized Terms Used Herein and Not Otherwise Defined Shall Have the Meanings Ascribed Thereto in the Engagement Letter. the Parties Hereby Agree That Effective as of the Date Hereof, the Engagement Letter Is Hereby Modified and Amended as Follows: 1. Section 1(a) Is Hereby Modified By: A. Identifying Ed Mosely as Cro, Effective August 1, 2013; B. Adding Robert M. Caruso, Who Shall Cease to Serve as Cro and Become President and Chief Executive Officer (“CEO”), Effective August 1, 2013; and C. Modifying the Definition of “Engagement Personnel” So as to Include the CEO. 2. Sections 1(b), (C), and (D) Are Hereby Deleted and Replaced With the Following: (B) Duties
12/34/56