Employment Agreement [Amendment No. 2] - Mikohn Gaming Corp. and Olaf Vancura
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT, is made and entered into as of the 8th day of January 2003, by and between MIKOHN GAMING CORPORATION ("MIKOHN") and OLAF VANCURA ("Employee"). W I T N E S S E T H: WHEREAS, MIKOHN and Employee deem it to be in their respective best interests to amend that certain Employment Agreement entered into as of August 31, 1998, as amended, between MIKOHN and Employee (the "Agreement"). NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements contained herein, it is hereby agreed as follows: 1. The following provision shall be added to the Agreement as Section 6.11: Any other provision in this Agreement to the contrary notwithstanding, in the event Employee is terminated without cause, all stock options granted to Employee shall remain in full force and effect. 2. The following provision shall be added to the Agreement as Section 11.6: Any other provision in this Agreement to the contrary notwithstanding, in the event Employee is terminated without cause after any change in ownership of MIKOHN, the provisions in this Section 11 shall not apply and shall have no force or effect. For purposes of this Agreement, "change in ownership" means: (1) a merger or consolidation where MIKOHN is not the surviving corporation, (2) a transfer of all or substantially all of the assets of MIKOHN, or (3) a voluntary or involuntary dissolution of MIKOHN. IN WITNESS WHEREOF, the parties hereto have read, understood, and voluntarily executed this Second Amendment to Employment Agreement as of the day and year first above written. EMPLOYEE MIKOHN GAMING CORPORATION ______________________________ By:__________________________ OLAF VANCURA Title:_______________________ Date:________________________ Date:________________________