SIXTH AMENDMENT TO THE RUBY TUESDAY, INC.
EXECUTIVE SUPPLEMENTAL PENSION PLAN
THIS SIXTH AMENDMENT is made as of this 17th day of October, 2005, by RUBY TUESDAY, INC. (the “Primary Sponsor”), a corporation organized and existing under the laws of the State of Georgia.
W I T N E S S E T H:
WHEREAS, the Primary Sponsor maintains the Ruby Tuesday, Inc. Executive Supplemental Pension Plan (the “Plan”), which was established by indenture effective as of June 1, 1983, and which was last amended and restated by indenture effective July 1, 1999.
WHEREAS, the Primary Sponsor desires to amend the Plan to restateAppendix A which contains the list of “Qualifying Positions” as that term is defined under Section 2.01(o) of the Plan.
WHEREAS, pursuant to Section 2.01(o) of the Plan, the Chief Executive Officer of the Primary Sponsor has the sole authority to add to, or subtract from, the list of Qualifying Positions set forth onAppendix A to the Plan.
NOW, THEREFORE, the Plan is hereby amended, effective as of the date first set forth above, by deleting the existingAppendix A and by substituting thereforeAppendix A in the form attached hereto.
Except as specifically amended hereby, the Plan shall remain in full force and effect as prior to this Sixth Amendment.
IN WITNESS WHEREOF, the Primary Sponsor has caused this Sixth Amendment to be executed as of the day and year first above written.
| RUBY TUESDAY, INC. |
|
By:/s/ Samuel E. Beall, III
Samuel E. Beall, III
Chairman, President and Chief Executive Officer |
| |
| [CORPORATE SEAL] | |
ATTEST: | |
/s/ Scarlett May
Scarlett May, Secretary | |
APPENDIX A
RUBY TUESDAY, INC.
EXECUTIVE SUPPLEMENTAL PENSION PLAN
(Restated October 17,2005)
Eligible Positions from March 9, 1996 through June 29, 1998
| | |
|---|
| President/CEO | |
| President, Ruby Tuesday | |
| Sr. Vice President, Chief Financial Officer | |
| Sr. Vice President, Human Resources | |
| Sr. Vice President, Legal | |
| Sr. Vice President, Marketing/Strategy | |
| Sr. Vice President, Regional Operations | |
| Vice President & Controller | |
| Vice President, Asst. General Counsel/Asst. Secretary | |
| Vice President, Project Development | |
| Vice President, Regional Operations | |
Eligible Positions Effective June 30, 1998*
All Vice Presidents and Above
Eligible Positions Effective April 1, 1999
All Vice Presidents and Above
Human Resource Director (but not any Director of Human Resources position)
Eligible Positions Effective April 10, 2002
All Vice Presidents and Above
Human Resource Director (but not any Director of Human Resources position)
Director of Regional Development (but not any Regional Development Director position)
Eligible Positions Effective October 17, 2005
All Vice Presidents and Above (but not any Regional Vice President of Franchise Development position)
Human Resource Director (but not any Director of Human Resources position)
Director of Regional Development (but not any Regional Development Director position)
| | *In accordance with Section 2.01(k) of the Plan, any person who occupies a position
that has been first recognized as a Qualifying Position as of June 30, 1998 shall first
become a Participant in the Plan as of the later of January 1, 1999 or the date that all
of the remaining eligibility criteria set forth in Section 2.01(h) of the Plan are satisfied. |
