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Title: |
Employment Agreement |
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Date: |
2004 |
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Preview shows 4KB of 24KB total |
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Price: |
$37 |
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ID: |
#909145 |
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<SEQUENCE>2
<FILENAME>dkm394a.txt
<DESCRIPTION>EXHIBIT 10.25 - EMPLOYMENT AGREEMENT
<TEXT>
EMPLOYMENT AGREEMENT
This Employment Agreement (this "Agreement") is made as of August 5th ,
2004, by and between Trailer Bridge, Inc. (the "Company"), and John D. McCown,
Jr.(the "Executive").
WHEREAS, the Company desires to continue to employ Executive in
accordance with the terms and conditions stated in this Agreement; and
WHEREAS, Executive desires to continue that employment pursuant to the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and undertakings stated herein, the parties agree as follows:
I. Employment
1.1 Employment As Executive. The Company hereby agrees to employ
Executive as Chairman & Chief Executive Officer ( hereafter "CEO") for a two
year term commencing the effective date of this Agreement. Executive accepts
such employment pursuant to the terms of this Agreement. Executive shall have
general and active management of the business and affairs of the Company,
subject to the control of the Board. Executive shall from time to time make such
reports of the affairs of the Company as the Board may require and shall perform
such other duties as the Board may from time to time determine. The Stockholders
have passed a resolution appointing Executive to the Company's Board.
1.2 Term. After the initial two year term, this Agreement will
automatically be renewed for additional one year terms if Executive or the
Company fail to give the other party written notice of intent not to renew six
(6) months or more prior to the Agreement's termination date.
1.3 Exclusive Services. Executive agrees to devote his full time,
attention, and energy to performing his duties and responsibilities to the
Company under this Agreement during the period that this Agreement is in effect.
Notwithstanding the foregoing, the Executive may (i) serve on the boards of
directors or equivalent bodies of nonprofit organizations and business entities,
(ii) undertake outside speaking and writing engagements, and (iii) continue to
engage in private investment activities, in each case provided that none of the
foregoing activities materially interferes with the performance of the
Executive's duties hereunder or creates a potential business conflict or the
appearance thereof. The Company hereby acknowledges that the Executive shall be
entitled to continue serving as a member of the board of directors of Firstmark
Corporation provided that such service does not, in the future, materially
interfere with the performance of the Executive's duties hereunder or create a
potential business conflict or the appearance thereof. The Executive shall be
entitled to retain any compensation received on account of services rendered in
accordance with this Section.
<PAGE>
II. Compensation, Equity Ownership, Benefits, and Perquisites
2.1 Salary. During the term of this Agreement, the Company shall
continue to pay Executive a salary at the annual rate of $298,320, the level of
Executive's salary since August, 2002. The salary shall be payable in accordance
with the Company's standard payroll policy. Executive's salary shall be
increased only by formal action of the Company's Compensation Committee and
Board of Directors. The salary shall be reviewed by the Compensation Committee
on an annual basis.
2.2 Vacations. Executive shall be entitled to four (4) weeks of paid
vacation.
2.3 Bonuses. Bonuses shall be determined by the Compensation Committee.
The target bonus which shall serve as a guidepost for the committee will be 100%
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