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Employment Agreement

 

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Title:

Employment Agreement

Entities:

PhotoMedex, Inc.

Date:

2003

Size:

Preview shows 6KB of 34KB total

Price:

$41

ID:

#862167

 

 


► Healthcare ► Medical Equipment & Supplies

 

 

Start of Preview


                              EMPLOYMENT AGREEMENT


This Employment Agreement ("Agreement") is entered into and
made effective as of December 27, 2002, by and between PhotoMedex, Inc.
("Employer") and Michael R. Stewart ("Employee").

RECITALS

WHEREAS, Employee currently serves as President and Chief Executive
Officer of Surgical Laser Technologies, Inc. ("SLT");

WHEREAS, the Employer and SLT have entered into an agreement of merger
(the "Merger"), under which SLT shall become, on the effective date of which
(the "Effective Date"), a wholly-owned subsidiary of Employer;

WHEREAS, Employer wishes to employ Employee as Executive Vice-President
of Corporate Operations of Employer, and Employee wishes to accept such
employment, all on the condition of closing of the Merger and on the terms and
conditions set forth in this Agreement; and

WHEREAS, in connection with and as a condition of Employer entering
into this Agreement, Employee shall terminate all existing agreements with SLT
and any affiliate thereof related to employment, compensation, severance, and
equity participation; and

WHEREAS, SLT, which, upon the Effective Date, will be a wholly-owned
subsidiary of the Company, is a party to this Agreement solely for the purpose
of acknowledging and agreeing to the termination of the agreements referenced in
subsection 6.7(a) hereof;

NOW, THEREFORE, in consideration of the foregoing recitals and
the mutual covenants and obligations herein contained, the parties hereto agree
as follows:

AGREEMENT

1. Employment. Employer hereby employs Employee, and Employee
hereby accepts employment with Employer, upon the terms and conditions set forth
in this Agreement.

2. Term of Employment. The employment of Employee pursuant to the
terms of this Agreement shall commence as of the Effective Date, and shall
continue until December 31, 2003, unless sooner terminated pursuant to the
provisions hereof (the "Term"), provided, however, that this Agreement, unless
earlier terminated according to the provisions hereof, shall, as of December 1
of each year, beginning with December 1, 2003, be automatically extended for an
additional year.

1

<PAGE>

3. Duties.

3.1. Basic Duties. Subject to the direction and control of
the President and Chief Executive Officer of Employer, Employee shall serve as
the Executive Vice-President of Corporate Operations and shall fulfill all
duties and obligations of such office.

3.2. Other Duties of Employee. In addition to the foregoing,
Employee shall perform such other or different duties related to those set forth
in Paragraph 3.1 as may be assigned to him from time to time by Employer;
provided, however, that any such additional assignment shall be at a level of
responsibility commensurate with that set forth in Paragraph 3.1.

3.3. Time Devoted to Employment. Employee shall devote his
full time to the business of Employer during the term of this Agreement to
fulfill his obligations hereunder.

3.4. Place of Performance of Duties. The services of Employee
shall be performed at Montgomeryville, Pennsylvania.

4. Compensation and Method of Payment.

4.1 Total Compensation. As compensation under this
Agreement, Employer shall pay and Employee shall accept the following:

(a) For each year of this Agreement, measured from the
effective date hereof, base compensation ("Base Salary")
of Two Hundred Thirty-Five Thousand Dollars ($235,000).

(b) Employer shall reimburse Employee for all reasonable
travel, entertainment and other expenses incurred or
paid by Employee in connection with, or related to, the
performance of Employee's duties, responsibilities or
services under this Agreement, upon presentation by the
Employee of documentation, expense statements, vouchers
and/or such other supporting information as Employer may
request.

(c) Participation in Employer's employee fringe benefit,
health insurance, life insurance, key man insurance and
other programs in effect from time to time for employees
of Employer and its affiliates at comparable levels of
responsibility. Participation will be in accordance with
any applicable policies adopted by Employer. Employee
shall be entitled to vacations, absences for illness,
and to similar benefits of employment, and shall be
subject to such policies and procedures as may be
adopted by Employer.

(d) Employee shall be entitled to an automobile allowance of
$1,000 per month.


 

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