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Employment Agreement

 

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Title:

Employment Agreement

Entities:

Advest Group Inc; MONY Group Inc.

Date:

2001

Size:

Preview shows 8KB of 50KB total

Price:

$42

ID:

#1540705

 

 

► Employment ► Employment Agreements
► Insurance ► Life Insurance

 

 

Start of Preview


                              EMPLOYMENT AGREEMENT


AGREEMENT between The MONY Group Inc., a company organized under the
laws of the State of Delaware (the "MONY"), The Advest Group, Inc., a Delaware
corporation (the "Company") and Grant W. Kurtz (the "Executive"), dated as of
August 23, 2000 (the "Agreement Date").

To insure continuity of the senior management team the Company, the
parties wish to record in this Agreement terms which provide the Executive with
contractual rights to compensation and benefits.

The Company and the Executive agree as follows:

1. OPERATION AND TERM OF AGREEMENT

This Agreement shall be effective as of the date of the consummation of
the transactions (the "Merger Date") contemplated under the Agreement and Plan
of Merger, dated August 23, 2000, by and among MONY, MONY Acquisition Corp. and
the Company (the "Merger Agreement"), and shall continue until the Expiration
Date. The Expiration Date shall initially be the fifth anniversary of the Merger
Date, but commencing on such fifth anniversary, and each such anniversary date
thereafter, the Expiration Date shall automatically be extended by one
additional year unless, not later than 90 days prior to such anniversary date,
one of the parties provides notice to the other that it will not extend the
Expiration Date. Notwithstanding the foregoing, the provisions of Section 4
hereof shall be effective on the Agreement Date and shall remain in effect for
the periods specified therein.

2. CERTAIN DEFINITIONS

(A) PERIOD OF EMPLOYMENT. Commences on the Merger Date
and ends on the Expiration Date or the Termination
Date, whichever is earlier.

(B) TERMINATION DATE. The date which the Executive's
employment with the Company ceases.

3. EXECUTIVE'S RESPONSIBILITIES

(A) POSITION, DUTIES, RESPONSIBILITIES. The Executive
shall be an employee of the Company and shall serve
in the position of Chief Executive Officer of the
Company. The Executive shall perform all of the
duties and responsibilities normally performed and
pertinent to the office of the Chief Executive
Officer of the Company, reporting to and under the
direction of the Chief Executive Officer of MONY.
Other than with respect to reporting relationships,
the Executive shall have substantially similar
<PAGE> 2
authority, duties and responsibilities as the
Executive has immediately prior the Merger Date. The
Executive shall have the authority to administer the
bonus arrangements applicable to Company employees,
subject to the reasonable approval of the Human
Resources Committee of the Board of Directors of MONY
Life Insurance Company ("MONY Life") (or such other
entity or person designated by such committee). The
Company's principal offices shall be located in
Hartford, Connecticut.

(B) BEST EFFORTS. The Executive shall devote
substantially all of his working time, best efforts,
and undivided attention to the Company's affairs,
except for reasonable vacations or illness or
incapacity.

4. RESTRICTIVE COVENANTS

(A) NON-COMPETITION. During the period commencing on the
Merger Date through the Termination Date and for the
one-year period immediately following the Termination
Date, unless the Executive is terminated by MONY or
the Company without Cause or the Executive terminates
employment for Good Reason, the Executive shall not,
directly or indirectly, in any capacity, engage in
any business in Hartford, Connecticut which is
substantially competitive with the business then
actively conducted by the Company; provided that the
foregoing shall not preclude the Executive from
owning stock comprising less than 5% of the stock of
a public company.

(B) NONDISCLOSURE. The Executive shall not make use of,
disclose, divulge, or make accessible to any third
party any information of a confidential nature about
the Company, MONY or any of their respective
affiliates known to the Executive in the course of
his employment until such information has come into
the public domain.

(C) SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF. The
Executive agrees that the Company will suffer
irreparable injury if the provisions of this Section
4 are not honored, that damages resulting from such
injury will be incapable of being precisely measured,
and that the Company will not have any adequate
remedy at law to redress the harm which such
violation shall cause. Accordingly, the Executive
agrees that the Company shall have the rights and
remedies of specific performance and injunctive
relief, in addition to any other rights or remedies
that may be available at law or in equity, in respect
of any failure, or threatened failure, on the part of
the Executive to comply with the provisions of this
Section 4, including, but not limited to, temporary
restraining orders and temporary injunctions to
restrain any violation or threatened violation of
this Agreement by the Executive.


2
<PAGE> 3
5. COMPENSATION, PERQUISITES AND EMPLOYEE BENEFITS

(A) BASE COMPENSATION. The Executive shall receive annual
base compensation from the Company at a rate not less

 

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