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Title: |
Employment Agreement |
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Date: |
2004 |
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Preview shows 4KB of 30KB total |
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Price: |
$41 |
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ID: |
#1050643 |
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EMPLOYMENT AGREEMENT
This is an EMPLOYMENT AGREEMENT ("Agreement"), effective as of January
14, 2004 between K-Sea Transportation Inc., a Delaware corporation (together
with its successors and assigns, the "Company"), and Timothy J. Casey (the
"Employee").
BACKGROUND
Employee and the Company desire to enter into this Agreement in order
to secure the services of Employee for the benefit of the Company.
NOW, THEREFORE, intending to be legally bound, and in consideration of
the mutual promises and representations set forth in this Agreement, the Company
and Employee agree as follows:
ARTICLE I - EMPLOYMENT AND TERM
1.1. EMPLOYMENT AND EMPLOYMENT TERM. The Company agrees to employ Employee,
and Employee accepts employment with the Company, to serve as President and
Chief Executive Officer of the Company and as an officer or in such other
capacity of any of K-Sea General Partner GP LLC, a Delaware limited liability
company ("K-Sea GP"), K-Sea General Partner L.P., a Delaware limited
partnership, K-Sea Transportation Partners L.P., a Delaware limited partnership
(the "Partnership"), K-Sea Operating Partnership L.P., a Delaware limited
liability company (the "Operating Partnership"), and any other subsidiary formed
by any of the foregoing (collectively, the "Companies"), as determined by the
Board of Directors of such company, for a term commencing on the date hereof and
continuing for a period of one year thereafter, unless earlier terminated
pursuant to Article IV of this Agreement ("Employment Term"). The Employment
Term shall be automatically renewed for successive one-year periods unless
either party hereto gives thirty-days prior written notice to the other party
that such party desires not to renew the Employment Term. During the Employment
Term, Employee will render such services to the Companies as are customary for
the position (or positions) held by Employee. During the Employment Term,
Employee shall devote his full time, ability and attention, and his best
efforts, to the business of the Companies. The Employee shall not directly or
indirectly render any services of a business, commercial, or professional nature
to any other person, organization or other entity, whether for compensation or
otherwise, directly or indirectly, without the prior written consent of the
Board of Directors of the Company.
ARTICLE II - COMPENSATION
2.1. BASE SALARY. Subject to Article IV of this Agreement, as compensation
for services hereunder and in consideration of the protective covenants set
forth in Article III of this Agreement, during the Employment Term the Employee
shall be paid an annual base salary of $235,000, subject to increase at the
discretion of the Board of Directors, payable in accordance with the Company's
normal payroll practices.
<Page>
2.2. BONUS AWARDS. Subject to Article IV of this Agreement, during the
Employment Term the Employee shall be eligible to receive an annual bonus award
based upon the financial performance of the Companies during the preceding
fiscal year, the amount of which shall be determined in the sole discretion of
the Board of Directors of K-Sea GP. Employee may also receive additional awards
in the amounts and at such times as determined in the sole discretion of the
Board of Directors of K-Sea GP.
2.3. EMPLOYEE BENEFITS. Employee shall be entitled to receive such
retirement and welfare benefits as are generally available to officers of the
Company and other employee perquisites and benefits as determined in the sole
discretion of the Board of Directors of the Company.
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