Item 1.01 Entry into a Material Definitive Agreement.
On June 30, 2008, Henry Schein, Inc. (the Company) and Stanley M. Bergman
(Chairman of the Board of Directors and Chief Executive Officer of the Company)
entered into an amendment (the Amendment) to the Employment Agreement dated
January 1, 2003, as subsequently amended on December 16, 2005 (the Employment
Agreement). The Amendment extends the notice period during which time the Company
may inform Mr. Bergman of its intent to extend his employment under the terms of
the Employment Agreement for an additional three-year period (the Extension
Notice). Prior to the execution of the Amendment, the Extension Notice was to be
given by the Company no later than June 30, 2008 and Mr. Bergman was to advise the
Company if he did not wish to extend his employment period within 90 days after
such Extension Notice was given. In order to allow the Company and Mr. Bergman
additional time to amend the Employment Agreement to comply with the requirements
of Section 409A of the Internal Revenue Code of 1986, as amended and the guidance
issued thereunder, and to make any additional changes as the parties may mutually
agree, the Company and Mr. Bergman agreed to amend the Employment Agreement to
provide that the Extension Notice may be provided by the Company to Mr. Bergman no
later than September 30, 2008, and Mr. Bergmans notice of non-extension, if any,
must be provided to the Company no later than November 14, 2008.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
| HENRY SCHEIN, INC. (Registrant) |
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| Date: July 3, 2008 | By: | /s/ Michael S. Ettinger | ||
| Michael S. Ettinger | ||||
| Senior Vice President and General Counsel | ||||
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