Sample Business Contracts

Employment Agreement [Amendment No. 2] - AFC Enterprises Inc. and Samuel N. Frankel

Employment Forms

Employment Contract. Employers can customize an employment agreement that states the salary, benefits, working hours and other important provisions for their new or existing employee.
Consulting Agreement. Answer simple questions to build a contract with a consultant. Specify the services rendered, when payment is due, as well as IP rights.
Commission Agreement. Employers who compensate their sales employees based on commissions can prepare an agreement to reduce misunderstandings by specifying the base salary and how commissions are calculated.
Executive Employment Agreement. Companies may offer their business executives a contract that is different from the one provided to their regular employees. Executive employment agreements may be more complex because the compensation structure may include a combination of salary and commissions, provide for bonuses based on sales, stock or other financial targets, and include non-compete, confidentiality and severance provisions.
Sales Representative Contract. Independent sales representatives offer companies the potential to increase the sale of products or services without the burden of increasing headcount. Both parties should understand how commissions are calculated, when commissions will be paid, as well as how the representative will treat confidential information from the company and whether the representative may also sell a competing line of products or services.
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        SECOND AMENDMENT TO EMPLOYMENT AGREEMENT DATED DECEMBER 4, 1995
                                    BETWEEN
         AFC ENTERPRISES, INC. F/K/A AMERICA'S FAVORITE CHICKEN COMPANY
                                (THE "COMPANY")
                                      AND
                         SAMUEL N. FRANKEL ("EMPLOYEE")

         WHEREAS, the Company and Employee entered into an Employment Agreement
dated as of December 4, 1995, as amended on June 1, 1997 (the "Employment
Agreement"), governing the terms and conditions of Employee's employment with
the Company; and

         WHEREAS, the Company and Employee desire to amend the compensation
provision of the Employment Agreement;

         NOW, THEREFORE, in consideration of the promises and mutual covenants
contained herein and for other good and valuable consideration, the parties
agree as follows:

         1.       Section 3 of the Employment Agreement is hereby deleted in
its entirety and the following new Section 3 is inserted in lieu thereof:

                  3.       Base Salary.

                           Beginning on April 1, 1998 and continuing during the
                  term hereof, the Company shall pay Employee, in equal
                  installments no less frequently than monthly, a base salary
                  at the rate of no less than Three Hundred Fifteen Thousand
                  Dollars (U.S. $315,000.00) per annum. The Employee's base
                  salary shall be reviewed by the Board of Directors of the
                  Company on an annual basis.

         2.       The Employment Agreement, as amended hereby, is hereby
reaffirmed and restated herein by the undersigned, and said Employment
Agreement is hereby incorporated herein by reference as fully as if set forth
in its entirety in this Second Amendment.

         IN WITNESS WHEREOF, the Company has caused this Amendment to be
executed and Employee has hereunto set his hand this 16th day of April, 1998,
effective as of April 1, 1998.


                                        COMPANY:

                                        AFC ENTERPRISES, INC

                                        By:  /s/ Dick R. Holbrook
                                           ------------------------------------
                                           Dick R. Holbrook, President


                                        EMPLOYEE:

                                         /s/ Samuel N. Frankel
                                        ---------------------------------
                                        Samuel N. Frankel