FIVE BELOW, INC - FORM S-1 - EX-10.18 - AMENDMENT TO EMPLOYMENT AGREEMENT, DATED SEPTEMBER 28, 2011 - April 17, 2012

Attached files

file filename
EX-3.3 - SECOND AMENDED BYLAWS OF FIVE BELOW, INC., AS AMENDED, AS CURRENTLY IN EFFECT - FIVE BELOW, INCd333840dex33.htm
EX-3.1 - AMENDED AND RESTATED ARTICLES OF INCORPORATION FOR FIVE BELOW, INC. - FIVE BELOW, INCd333840dex31.htm
EX-3.2 - SECOND AMENDED AND RESTATED CERTIFICATE OF DESIGNATIONS, PREFERENCES, LIMITATION - FIVE BELOW, INCd333840dex32.htm
EX-10.7 - SECOND AMENDMENT TO SECOND AMENDED AND RESTATED SHAREHOLDERS AGREEMENT - FIVE BELOW, INCd333840dex107.htm
EX-10.9 - AMENDMENT 2010-1 TO THE FIVE BELOW, INC. EQUITY INCENTIVE PLAN - FIVE BELOW, INCd333840dex109.htm
EX-23.1 - CONSENT OF KPMG LLP - FIVE BELOW, INCd333840dex231.htm
EX-10.3 - AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT, DATED SEPTEMBER 1, 2010 - FIVE BELOW, INCd333840dex103.htm
EX-10.6 - FIRST AMENDMENT TO SECOND AMENDED AND RESTATED SHAREHOLDERS AGREEMENT - FIVE BELOW, INCd333840dex106.htm
EX-10.2 - AMENDMENT NO. 1 TO THE INVESTMENT AGREEMENT, DATED OCTOBER 14, 2010 - FIVE BELOW, INCd333840dex102.htm
EX-10.1 - INVESTMENT AGREEMENT, DATED SEPTEMBER 1, 2010, BY AND AMONG FIVE BELOW, INC. - FIVE BELOW, INCd333840dex101.htm
EX-10.4 - FIRST AMENDMENT TO AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT - FIVE BELOW, INCd333840dex104.htm
EX-10.5 - SECOND AMENDED AND RESTATED SHAREHOLDERS AGREEMENT, DATED SEPTEMBER 1, 2010 - FIVE BELOW, INCd333840dex105.htm
EX-10.8 - FIVE BELOW, INC. EQUITY INCENTIVE PLAN - FIVE BELOW, INCd333840dex108.htm
EX-10.20 - AMENDMENT TO EMPLOYMENT AGREEMENT, DATED SEPTEMBER 28, 2011 - FIVE BELOW, INCd333840dex1020.htm
EX-10.17 - LETTER EMPLOYMENT AGREEMENT, DATED OCTOBER 14, 2010 - FIVE BELOW, INCd333840dex1017.htm
EX-10.21 - LETTER EMPLOYMENT AGREEMENT, DATED APRIL 16, 2012 - FIVE BELOW, INCd333840dex1021.htm
EX-10.25 - OPTION CANCELLATION AGREEMENT, DATED MARCH 22, 2012 - FIVE BELOW, INCd333840dex1025.htm
EX-10.22 - NON-QUALIFIED STOCK OPTION AGREEMENT, DATED OCTOBER 14, 2010 - FIVE BELOW, INCd333840dex1022.htm
EX-10.10 - FORM OF NON-QUALIFIFED STOCK OPTION AGREEMENT (EMPLOYEES) - FIVE BELOW, INCd333840dex1010.htm
EX-10.19 - LETTER EMPLOYMENT AGREEMENT, DATED OCTOBER 14, 2010 - FIVE BELOW, INCd333840dex1019.htm
EX-10.11 - FORM OF NON-QUALIFIED STOCK OPTION AGREEMENT (EXECUTIVES) - FIVE BELOW, INCd333840dex1011.htm
EX-10.24 - OPTION CANCELLATION AGREEMENT, DATED MARCH 22, 2012 - FIVE BELOW, INCd333840dex1024.htm
EX-10.12 - FORM OF AWARD AGREEMENT FOR RESTRICTED SHARES - FIVE BELOW, INCd333840dex1012.htm
S-1 - FORM S-1 - FIVE BELOW, INCd333840ds1.htm
EX-10.23 - NON-QUALIFIED STOCK OPTION AGREEMENT, DATED OCTOBER 14, 2010 - FIVE BELOW, INCd333840dex1023.htm

Exhibit 10.18

AMENDMENT TO EMPLOYMENT AGREEMENT

THIS AMENDMENT (this “Amendment”), dated September 28, 2011, is made by and between FIVE BELOW, INC. (the “Company”), and DAVID SCHLESSINGER (“Executive”).

WHEREAS, the Company and Executive are parties to an employment letter agreement, dated October 14, 2010 (the “Agreement”); and

WHEREAS, the Company and Executive wish to amend the Agreement.

NOW THEREFORE, intending to be legally bound hereby, the parties agree as follows:

1. The section of the Agreement next to the heading “COMPENSATION” is hereby deleted in its entirety and replaced with the following:

“You will be paid an annual base salary of $600,000, payable in accordance with the Company’s regular payroll practices, effective as of January 30, 2011 (the first day of the Company’s 2011 fiscal year), which annual base salary will be subject to annual review for increase by the Company’s Board of Directors (the “Board of Directors”) or the Compensation Committee of the Board of Directors (the “Compensation Committee”) commencing with the Company’s 2014 fiscal year.

You will be eligible to participate in the Company’s 2011 fiscal year incentive bonus program (the “Program”), with a payout potential of 40% of your annual base salary if the Company’s net EBITDA after all incentive payments under the Program (including payments to you) is $40.1 million or more (but less than $42.6 million) and 50% of your annual base salary if the Company’s net EBITDA after all incentive payments under the Program (including payments to you) is $42.6 million or more.

Commencing with the Company’s 2012 fiscal year, the Compensation Committee may, in its sole discretion, approve payments of bonuses to you.”

2. The Agreement, as modified by this Amendment, is hereby ratified and confirmed in all respects.

[signature page follows]

IN WITNESS WHEREOF, each Company has caused this Amendment to be executed by its duly authorized officer, and Executive has executed this Amendment, in each case on the 28th day of September, 2011.

 

FIVE BELOW, INC.
By:  

/s/ Kenneth R. Bull

  Kenneth R. Bell
Title:  

Senior Vice President, Finance

By:  

/s/ Steven J. Collins

  Steven J. Collins
Title:  

Five Below Compensation Committee

DAVID SCHLESSINGER

/s/ David Schlessinger

FIVE BELOW, INC Reports