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Title: |
Employment Agreement |
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Entities: |
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Date: |
2001 |
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Size: |
Preview shows 4KB of 21KB total |
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Price: |
$43 |
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ID: |
#1143815 |
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EMPLOYMENT AGREEMENT
THIS AGREEMENT (the Agreement) is being made as of the 15th day of October
1999 between DATA BROADCASTING CORPORATION, a Delaware corporation (the
Company), having its principal offices at 3490 Clubhouse Drive, Jackson, Wyoming
83001, and STEVEN G. CRANE (the Executive), an individual residing at 191 West
End Avenue, Ridgewood, New Jersey 07450.
WITNESSETH:
WHEREAS, the Company desires to employ the Executive and the Executive
desires to be employed by the Company as its Executive Vice President and Chief
Financial Officer upon the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual premises and agreements
contained herein, and intending to be legally bound hereby, the parties hereto
agree as follows:
1. Nature of Employment; Term of Employment. The Company hereby
employs the Executive and the executive agrees to serve the Company, upon
the terms and conditions contained herein, for a term commencing no later
than November 30, 1999 (the Effective Date) and continuing until June 30,
2002 (the Employment Term); provided, however, that the Employment Term
shall be extended to June 30, 2003, if, prior to December 31, 2000, a
Change in Control (as defined in Section 8 of this Agreement) shall occur.
2. Duties and Powers as Employee. During the Employment Term, the
Executive shall be employed by the Company as its Executive Vice President
and Chief Financial Officer. The Executive shall be responsible for finance
and administration. The Executive shall be based in the New York
Metropolitan Area. The Executive agrees to devote his full time and efforts
to the performance of his duties under this Agreement. In the performance
of his duties, the Executive shall be subject to the direction of and shall
report to the Chief Executive Officer of the Company. The Executive shall
be available to travel as the needs of the business require.
3. Compensation.
(a) As compensation for his services hereunder, the Company shall pay
the Executive, during the Employment Terms, a base salary (the Base Salary)
payable in equal semi-monthly installments at the minimum annual rate of
$300,000 through June 30, 2001 and $325,000 for the period July 1, 2001
through the expiration of the Employment Term. Such payments shall be
subject to withholding of all taxes payable
<PAGE> 2
with respect thereto and deductions for insurance contributions and the
like. Additionally, the Executive shall participate in the present or
future employee benefit plans of the Company provided that he meets the
eligibility requirements therefor.
(b) In addition to the Base Salary provided herein Executive is
eligible for a performance bonus payment (the Bonus), on an annual basis,
in a sum equal to up to 100% of the Executive's Base Salary paid for the
fiscal year then ended. The Company and Executive acknowledge that the
expected Bonus in each fiscal year is 50% of Base Salary paid (the Target
Bonus). One half of the Bonus shall be determined in the absolute and sole
discretion of the Compensation Committee of the Board of Directors of the
Company based upon an evaluation of the performance of the Executive and
the Company during the previous fiscal year. One half of such Bonus shall
be based upon financial criteria established at the commencement of each
fiscal year during the Employment Term. For the Company's fiscal year ended
June 30, 2000, such Bonus shall be no less than 50% of the Base Salary paid
to the Executive during such fiscal year. To the extent that the Company
determines to pay the Bonus to the Executive, the Bonus shall be paid to
the Executive within ninety (90) days after the end of the Company's fiscal
year notwithstanding that such date may be after the expiration of the
Employment Term.
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