EX-10.3 4 tm232654d1_ex10-3.htm EXHIBIT 10.3

Exhibit 10.3

 

FIRST Amendment to Employment Agreement

 

THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “First Amendment”) is entered into this 9th day of January, 2023 by and between TEXAS ROADHOUSE MANAGEMENT CORP., a Kentucky corporation (the “Company”), and HERNAN E. MUJICA, an individual resident of the Commonwealth of Kentucky (“Executive”).

 

W I T N E S S E T H:

 

WHEREAS, the Company and Executive are parties to the Employment Agreement dated June 15, 2021 with an effective date of June 30, 2021 (the “Employment Agreement”) relating to Executive’s service as Chief Information Officer of Texas Roadhouse, Inc., a Delaware corporation (the “Corporation”);

 

WHEREAS, effective as of January 9, 2023, the Board of Directors of the Corporation approved the change in Executive’s title from Chief Information Officer to Chief Technology Officer of the Corporation;

 

WHEREAS, the Employment Agreement references Executive’s employment as Chief Information Officer of the Corporation; and

 

WHEREAS, the parties wish to amend the Employment Agreement to reflect the change in Executive’s title from Chief Information Officer to Chief Technology Officer of the Corporation.

 

NOW THEREFORE, in consideration of the mutual covenants made herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

 

1.           Recitals; Defined Terms. The recitals set forth above are true and accurate and are hereby incorporated herein by reference. Except as specifically set forth herein, all capitalized terms shall have the same meanings as set forth in the Employment Agreement.

 

2.           Duties. Notwithstanding anything to the contrary contained in the Employment Agreement, including, without limitation, Section 3 of the Employment Agreement, the Company and Executive acknowledge and agree that effective as of January 9, 2023 and for the remainder of the Employment Term (as defined in the Employment Agreement), (i) Executive shall be employed as Chief Technology Officer of the Corporation, and such other titles as the Company may designate, and shall perform such duties and responsibilities as the Company shall assign to Executive from time to time, including duties and responsibilities relating to the Company or Affiliates (as defined in the Employment Agreement) and certain officer positions of Affiliates as and if determined by the Company; (ii) Executive shall continue to report to the Chief Executive Officer of the Corporation or to such other person as designated by the Chief Executive Officer of the Corporation and/or the Board of Directors of the Corporation (as the same may change from time to time); and (iii) any references to Executive being employed as Chief Information Officer within the Employment Agreement shall be deemed amended to reference Executive’s employment as Chief Technology Officer.

 

 

 

 

3.           Miscellaneous. Except as expressly amended herein, all of the terms and conditions of the Employment Agreement shall remain in full force and effect. This First Amendment may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. This First Amendment shall be binding on the parties when executed and delivered by the parties to one another by electronic transmission. In the event of a conflict between the terms of this First Amendment and the Employment Agreement, the terms of this First Amendment shall govern.

 

[Signatures Appear on Following Page]

 

 

 

 

IN WITNESS WHEREOF, the parties have executed and delivered this First Amendment as of the date first written above.

 

THE COMPANY:

 

TEXAS ROADHOUSE MANAGEMENT CORP.,  
a Kentucky corporation  
   
By: /s/ Gerald L. Morgan  
Name: Gerald L. Morgan  
Title: President  
   
   
EXECUTIVE:  
   
By: /s/ Hernan E. Mujica  
  HERNAN E. MUJICA, an individual resident of the Commonwealth of Kentucky