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Title: |
Employment Agreement |
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Date: |
2002 |
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$36 |
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ID: |
#1587757 |
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4 mulhollandemploymentagr.txt MULHOLLAND EMPLOYMENT AGREEMENT
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the "Agreement") is made as of May 16, 2002
by and between American Inflatables, Inc., a Delaware corporation (the
"Company"), and Gregg R. Mulholland ("Employee"):
W I T N E S S E T H:
WHEREAS, Employee owns 34.9% of the issued and outstanding stock of the
Company and Employee wishes to induce William R. Fairbanks, Red Oak Limited
Partnership, a South Carolina limited partnership, and Douglas A. Brown (each an
"ASDG Shareholder"), who are the sole shareholders of American Sports
Development Group, Inc., f/k/a National Paintball Supply, Inc. ("ASDG"), to
enter into and consummate the transactions described in the Share Exchange
Agreement dated May 16, 2002 (the "Share Exchange Agreement"), between the
Company and the ASDG Shareholders;
WHEREAS, the ASDG Shareholders are unwilling to enter into and perform
the Share Exchange Agreement unless Employee enters this Agreement with the
Company in replacement of all other employment agreements and the like between
Employee and the Company.
NOW, THEREFORE, in consideration of the covenants contained herein,
together with other valuable consideration, the receipt and legal sufficiency of
which are hereby acknowledged, Company and Employee agree as follows:
1. EMPLOYMENT. Company hereby agrees to employ Employee, and Employee
hereby accepts such employment upon the terms and conditions set forth in this
Agreement. Employee shall report to the Chief Executive Officer of the Company
(the "CEO") or such other person as the CEO shall designate from time to time
and shall have such offices and titles and perform such duties as the CEO or his
designee may reasonably require. Changes in or additions to Employee's duties
under this Agreement shall not result in additional compensation unless
expressly agreed to by the board of directors of the Company or its designee.
2. TERM. The initial term of this Agreement shall be for three (3)
years, beginning on May 16, 2002 and terminating on May 16, 2005. This Agreement
may be terminated in accordance with the provisions of this Agreement but, if
not terminated earlier, shall continue following the initial term month-to-month
until terminated pursuant to the terms of this Agreement.
3. COMPENSATION. While employed by Company under this Agreement
Employee shall receive an annual base salary of One Hundred Forty Four Thousand
Dollars ($144,000), payable in bi-weekly installments. In addition to his base
salary, during his employment, Employee shall receive a bonus of up to $350,000
per year as follows: for each calendar quarter during which (a) gross sales of
the inflatables division of the Company for such quarter equal or exceed
$500,000 and (b) the gross margin (defined as sales price less cost of good
sold) on the gross sales of the inflatables division of the Company exceeds
32.5%, Employee shall receive an amount equal to 2.5% of the total gross sales
1
in excess of $500,000 of the inflatables division of the Company for that
quarter, but, notwithstanding the foregoing, no further bonus shall be due for
any year after Employee has already received $350,000 in bonus payments with
respect to that year. Bonus payments shall be made within 30 days of the end of
each quarter.
4. FRINGE BENEFITS AND EXPENSE REIMBURSEMENT. While employed by Company
under this Agreement, the Employee shall receive from time to time the same
health and other benefits on the same basis that Company generally makes
available to all of its employees as a whole from time to time. Employee shall
be reimbursed for expenses pursuant to the expense reimbursement policy approved
by the board of directors of the Company from time to time. In addition to the
foregoing, the Company will reimburse Employee for an aggregate of up to $1,000
per month of Employee's expenses reasonably incurred in furtherance of the
business of the Company, provided Employee has provided the Company with written
receipts for such expenses. Employee may allocate such $1,000 amongst qualified
expenses in his discretion.
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