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Title: |
Employment Agreement |
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Entities: |
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Date: |
2003 |
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Size: |
Preview shows 10KB of 35KB total |
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Price: |
$38 |
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ID: |
#1000102 |
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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (THE "AGREEMENT") is made effective the 22nd
day of April, 2002, by and between KRISPY KREME DOUGHNUTS, INC. a North Carolina
corporation (the "Company"), and R. FRANK MURPHY (the "Executive").
RECITAL
The Executive is being hired as Executive Vice President and General
Counsel, reporting to the CEO, and the parties have negotiated this Agreement in
consideration of the Executive's valuable services and leadership.
NOW THEREFORE, in consideration of the mutual promises and covenants
herein contained, the parties do hereby agree as follow:
1. EFFECTIVE DATE. This Agreement shall be effective upon, and
from and after, the date set forth above.
2. DEFINITIONS. As used herein, the following terms shall have
the following meanings:
(a) "Disability" shall mean the Executive becoming
disabled and unable to continue his employment with the
Company as defined in the Company's then applicable disability
policy for the Senior Management of the Company.
(b) "Discharge" shall mean the termination by the Company
of the Executive's employment during the Period of Employment
for any reason other than (i) Good Cause, (ii) death of the
Executive, (iii) Disability of the Executive, or (iv)
Retirement of the Executive.
(c) "Expiration Date" means the date that the Period of
Employment (as it may have been extended) expires.
(d) "Good Cause" has its meaning as defined in Section 6
hereof.
(e) "Period of Employment" shall be for a term of three
years beginning April 22, 2002 and ending April 21, 2005;
provided, however, that commencing April 22, 2003, the
Executive's Period of Employment shall automatically be
extended for successive one-year periods each year as of April
22 of each year unless the Company gives Executive written
notice of nonextension on or before that date.
<PAGE>
(f) "Retirement" shall mean a time when the sum of the
Executive's age and employment with the Company equals or
exceeds 65.
(g) "Senior Management" shall mean the senior executive
management of the Company currently consisting of the chief
executive officer, the president, and the executive vice
presidents.
(h) "Stock Option Plan" shall mean the Krispy Kreme
Doughnut Corporation 1998 Stock Option Plan and/or the Krispy
Kreme Doughnuts, Inc. 2000 Stock Incentive Plan.
(i) "Termination Date" shall mean:
(i) If the Executive's employment is terminated
by reason of death, the Executive's date of death;
(ii) If the Executive's employment is terminated
by reason of Retirement, the date of his Retirement;
(iii) If the Executive's employment is terminated
by reason of Disability, the date of his Disability;
(iv) If the Executive's employment is terminated
for Good Cause, the date specified in the written
notice of termination given by the Company pursuant
to Section 6(a);
(v) If the Executive's employment is terminated
by reason of a Discharge, the effective date of
Discharge;
(vi) If the Executive's employment is terminated
by reason of non-extension of the Period of
Employment, the Expiration Date; and
(vii) If the Executive voluntarily terminates his
employment as permitted by Section 6(b), the
effective date of his termination of employment.
3. EMPLOYMENT; PERIOD OF EMPLOYMENT.
The Company hereby employs the Executive, and the Executive
hereby accepts employment by the Company, for the Period of Employment, in the
position and with the duties and responsibilities set forth in Section 4, upon
the terms and subject to the conditions of this Agreement.
2
<PAGE>
4. POSITION, DUTIES AND RESPONSIBILITIES. During the Period of
Employment, the executive shall
(a) serve as Executive Vice President and General Counsel
of the Company, reporting to the CEO, and its subsidiaries or
in such other Senior Management position as may be assigned to
him by mutual agreement with the Board of Directors. The
Executive shall be employed hereunder in Forsyth County, North
Carolina and he shall not be required to relocate his
residence or principal office to any place outside Forsyth
County, North Carolina without his consent; and
(b) devote his best efforts to the furtherance of the
interest of the Company and the performance of his duties
hereunder and agrees not to engage in any competition
whatsoever, either directly or indirectly, with the Company or
any of its subsidiaries or affiliates. The Executive shall be
allowed holiday and vacation periods, leaves for periods of
illness or incapacity and personal leaves in accordance with
the Company's regular practices for members of Senior
Management.
5. COMPENSATION, COMPENSATION PLANS AND BENEFITS. During the
Period of Employment, the Executive shall be compensated as follows:
(a) He shall receive an annual base salary equal to
$300,000, with annual increases in accordance with the
Company's regular practices for members of Senior Management.
In addition, he shall receive non-incentive compensation
(including automobile allowance). Such compensation shall be
paid in accordance with the Company's regular schedule for
payment of salaried employees.
(b) He shall receive such other bonuses as are afforded
the Company's Senior Management and be eligible to participate
in all of the Company's executive compensation plans provided
to members of Senior Management of the Company from time to
time.
(c) He shall be entitled to participate in and receive
other employee benefits, which may include, but are not
limited to, benefits under any life, health, accident,
disability, medical, dental and hospitalization insurance
plans, use of a Company automobile or an automobile allowance,
and other perquisites and benefits, as are provided to members
of Senior Management of the Company from time to time.
(d) He shall be entitled to be reimbursed for the
reasonable and necessary out-of-pocket expenses, including
entertainment, travel and similar items, and all expenses
necessary to maintain law license and professional
memberships, incurred by him in performing his duties
hereunder upon presentation of such documentation thereof as
the Company may normally and customarily require of the
members of Senior Management.
3
<PAGE>
(e) The Company agrees to pay the Executive's dues and
assessments for membership in Forsyth Country Club and in the
Piedmont Club.
6. TERMINATION OF EMPLOYMENT. During the Period of Employment:
(a) Termination for Good Cause.
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