EX-10.10 12 h35269exv10w10.txt AMENDMENT NO.3 TO CHANGE IN CONTROL AGREEMENT - JOSEPH T. LEARY Exhibit 10.10 KCS ENERGY, INC. PHONE 713-877-8006 5555 San Felipe FAX 713-964-4808 Suite 1200 www.kcsenergy.com Houston, Texas 77056 Effective Date: April 9, 2006 (KCS LOGO) Mr. Joseph T. Leary Re: Amendment No. 3 to Change in Control Agreement Dear Joseph: When countersigned by you, this letter will serve as an amendment (referred to here as "AMENDMENT NO. 3") to your existing change in control agreement with KCS Energy, Inc. (the "COMPANY") dated May 27, 2003, as amended (the "ORIGINAL AGREEMENT"). 1. EFFECTIVENESS OF AGREEMENT PROVISION. Section 5 of the Original Agreement is amended by deleting the words "August 1, 2006" and substituting therefor the words "August 1, 2008". 2. ORIGINAL AGREEMENT RATIFIED. In all other respects, the Original Agreement remains in effect, and is ratified by you and by the Company. * * * Please sign below and return a signed copy to the Company to confirm your agreement with this Amendment No. 3. Very truly yours, KCS ENERGY, INC. By: /s/ James W. Christmas ------------------------------------ James W. Christmas Chairman and Chief Executive Officer Accepted and agreed to: /s/ Joseph T. Leary ---------------------------------------- Joseph T. Leary