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- 10-K Annual report
- 3.1 CNF Transportation Inc. Certificate of Incorporation
- 3.2 CNF Transportation Inc. By-laws, As Amended September 28, 1998
- 4.11 $385 Million Amended and Restated Credit Agreement
- 4.12 Security Agreement
- 4.13 First Amendment to Credit Agreement
- 4.14 Second Amendment to Credit Agreement
- 10.30 Amendment No. 1 Dated June 28, 1999
- 10.31 Amendment No. 2 Dated August 21, 2000
- 10.32 Amendment No. 3 Dated January 1, 2001
- 10.33 Amendment No. 4 Dated May 14, 2001
- 10.34 Amendment No. 5 Dated December 4, 2001
- 10.35 Amendment No. 1 Dated April 30, 1999
- 10.36 Amendment No. 2 Dated June 28, 1999
- 10.37 Amendment No. 3 Dated August 21, 2000
- 10.38 Amendment No. 4 Dated May 14, 2001
- 10.39 Amendment No. 1 Dated December 13, 2000
- 10.40 Amendment No. 2 Dated April 30, 2000
- 10.41 Amendment No. 3 Dated December 4, 2001
- 10.42 Amendment No. 4 Dated December 4, 2001
- 12 Computation of Ratios of Earnings to Fixed Charges
- 12 Computation of Ratios of Earnings to Combined Fixed Charges
- 21 Significant Subsidiaries of CNF
- 23.1 Consent of Independent Public Accountants
- 99.5 Certification of CEO Pursuant to Section 906 of the Sarbanes-oxley Act of 2002
- 99.6 Certification of CFO Pursuant to Section 906 of the Sarbanes-oxley Act of 2002
Exhibit 10.39
AMENDMENT NO. 1
TO
CNF TRANSPORTATION INC.
AMENDED AND RESTATED
EXECUTIVE SEVERANCE PLAN
CNF Transportation Inc. (the “Company”) maintains the Amended and Restated Executive Severance Plan (the “Plan”) for the benefit of certain eligible executives of the Company and its subsidiaries. The Company wishes to amend the Plan to more clearly identify the executives of the Company who are eligible to participate in the Plan;
11. Amendments to Sections 1.9 and 1.10.
Sections 1.9 and 1.10 of the Plan are amended in their entirety so as to read as follows:
1.9 | “Eligible Employee” means an individual who, immediately prior to a Change in Control, (a) is an employee of the Company or of an Eligible Subsidiary, (b) is not a party to an individual employment or severance agreement with the Company, and (c) occupies a position that has been classified within the CNF Transportation Inc. executive level salary grade structure. An Eligible Employee becomes a “Severed Employee” once he or she incurs a Severance. As used herein, “Eligible Subsidiary” means any of the following: CNF Service Company, Inc., Con-Way Air Express, Inc., Con-Way NOW, Inc., Con-Way Transportation Services, Inc., Emery Air Freight Corporation, Emery Expedite!, Inc., Emery Worldwide Airlines, Inc. and Menlo Logistics, Inc. |
1.10 | “Employer” means the Company or any Eligible Subsidiary. |
12. Effective Date; No Other Amendments.
This Amendment shall be effective as of December 13, 2000. Except as expressly amended hereby, the Plan remains unchanged and in full force and effect.
CNF TRANSPORTATION INC. | ||
By: | ||
Eberhard G. H. Schmoller Senior Vice President, General Counsel and Secretary |