EX-10.10(A) 13 g73258ex10-10a.txt AMENDMENT NO. 5 TO SUPPLEMENTAL RETIREMENT PLAN EXHIBIT 10.10(a) AMENDMENT NO. 5 TO THE SUPPLEMENTAL RETIREMENT PLAN FOR EXECUTIVES OF NATIONAL SERVICE INDUSTRIES, INC. THIS AMENDMENT made as of the 31st day of August, 2001, by National Service Industries, Inc., a Delaware corporation ("NSI"); W I T N E S S E T H: WHEREAS, NSI has previously established the Supplemental Retirement Plan for Executives of National Service Industries, Inc. (the "Plan") for the benefit of its eligible employees and their beneficiaries; and WHEREAS, effective as of August 31, 2001, NSI will restructure its business operations and form several new subsidiary corporations; and WHEREAS, NSI desires to amend the Plan in connection with the restructuring; and WHEREAS, pursuant to the power of amendment contained in Article XI of the Plan, the Plan is hereby amended as follows: 1. The Plan is hereby amended by incorporating the following as the new Schedule 1: "Schedule 1 Adopting Employers National Service Industries, Inc. (CA) f/k/a NSI Enterprises, Inc. L&C Spinco, Inc. The Zep Group, Inc. L&C Lighting Group, Inc." 2. This Amendment shall be effective August 31, 2001. 3. Except as provided herein, the provisions of the Plan shall remain in full force and effect. IN WITNESS WHEREOF, NSI has caused this Amendment No. 5 to be executed by its duly authorized corporate officers as of the date and year first written above. ATTEST: NATIONAL SERVICE INDUSTRIES, INC. By: /s/ Carol E. Morgan By: /s/ Kenyon W. Murphy ---------------------------- --------------------------------