EXHIBIT 10.1
SECOND AMENDMENT
TO
CONFIDENTIALITY AGREEMENT
THIS Second Amendment (this “Amendment”) is made as of September 12, 2019 to that certain CONFIDENTIALITY AGREEMENT, dated as of February 8, 2019, made by and among Apogee Enterprises, Inc., a Minnesota corporation (the “Company”) and Engaged Capital LLC, Engaged Capital Flagship Master Fund, LP, Engaged CapitalCo-Invest VIII, LP, Engaged Capital Flagship Fund, LP, Engaged Capital Flagship Fund, Ltd., Engaged Capital Holdings, LLC and Glenn W. Welling (collectively, “Engaged Capital”), as first amended on August 5, 2019 (the “Confidentiality Agreement”). Capitalized terms not defined herein shall have the meanings ascribed to such terms in the Confidentiality Agreement.
The Company and Engaged Capital hereby acknowledge and agree as follows:
Paragraph 9 of the Confidentiality Agreement shall be amended to replace the words “5:30 PM New York City time on September 15, 2019” with the words “11:59 pm New York City time on September 29, 2019”.
For the avoidance of doubt, Engaged Capital shall be permitted to file an amendment to its Schedule 13D and the Company shall be permitted to file a Form8-K, in each case, disclosing that this Amendment has been entered into and attaching a copy of this Amendment as an exhibit thereto.
Except as expressly amended hereby, the Confidentiality Agreement remains unchanged and in full force and effect according to the terms originally stated therein. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement.
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