SEPARATION AGREEMENT
Exhibit
10.1
THIS SEPARATION AGREEMENT is made and
entered into as of the 8th day of April, 2008 (“Effective Date”) by and between
CONCURRENT COMPUTER CORPORATION, a Delaware corporation (“Concurrent”), and T.
XXXX XXXXX (“Xxxxx”).
W I T N E
S S E T H :
WHEREAS, Xxxxx and Concurrent entered
into an Employment Agreement on June 24, 2004 and such agreement was amended on
August 8, 2006 (“Employment Agreement”);
WHEREAS, upon a voluntary termination
by Xxxxx under the Employment Agreement, he is entitled to continue to receive
his salary and any accrued and due bonus payments under the Employment Agreement
only through the date of his voluntary termination and any other rights and
benefits he may be entitled to under Concurrent’s employee benefit plans as of
such date;
WHEREAS, Xxxxx for personal reasons
desires to resign from his position as Chief Executive Officer and as a member
of Concurrent’s Board of Directors but has agreed to a flexible timetable
pending the search for a new Chief Executive Officer and to assist in the
transition to a new Chief Executive Officer;
WHEREAS, Concurrent’s Board of
Directors desires to provide Xxxxx with a transition package so that he can
transition his position and develop and execute a communication plan to his
direct reports and others to maintain continuity and momentum for Concurrent
during the transition period; and
WHEREAS, Concurrent and Xxxxx
acknowledge and agree that (except as previously stated) Xxxxx is not entitled
to compensation and benefits under his Employment Agreement when he voluntarily
resigns as Chief Executive Officer and that the compensation and benefits
payable under this Separation Agreement is compensation and benefits which Xxxxx
is not otherwise entitled to receive under his Employment
Agreement;
WHEREAS, Concurrent and Xxxxx desire
for Xxxxx to execute a release of claims;
NOW, THEREFORE, in consideration of the
premises and mutual covenants contained herein and for other good and valuable
consideration, Concurrent and Xxxxx agree as follows:
1. Effective
immediately upon a new Chief Executive Officer assuming his duties (the
“Resignation Date”), Xxxxx hereby resigns his position as Chief Executive
Officer (and any other positions he currently holds with Concurrent and its
affiliates) and as a member of Concurrent’s Board of Directors, Xxxxx will
remain an employee (but not an officer) of Concurrent until the close of
business on May 2, 2008 at the rate of salary in effect on the Effective Date,
at which time he will incur a separation from service from Concurrent within the
meaning of Internal Revenue Code (“Code”) § 409A.
2. Upon
Xxxxx’x separation from service, Xxxxx’x compensation and benefits shall be as
set forth in this Separation Agreement and shall be payable to Xxxxx conditioned
upon (i) Xxxxx’x full and complete compliance with the terms of this Agreement,
including those obligations set forth in paragraphs 8, 9, and 11, and
(ii) Xxxxx’x execution of and compliance with a Full and Final Release of
Claims in substantially the same form as set forth in Exhibit A to this
Agreement (regardless of whether such terms are otherwise deemed enforceable)
after May 2, 2008 and before May 22, 2008.
3. Immediately
following his separation from service, Xxxxx will serve as a consultant to
Concurrent and in his role as a consultant will be available to the new Chief
Executive Officer and the Board of Directors to consult on technical matters,
customer relations, employee relations, strategic issues or any other matters
pertinent to the success of Concurrent when requested by the new Chief Executive
Officer and the Board of Directors.
1
(i) As
a consultant, Xxxxx will be paid a retainer fee of $10,000 per calendar month
(less applicable withholding) on the last day of each calendar month for twelve
(12) months beginning in May 2008 and ending in April 2009
(ii) Beginning
in May 2009, Xxxxx will be entitled to a monthly retainer fee of $5,000 per
calendar month (less applicable withholding) payable on the last day of each
calendar month for eighteen (18) months and the last such payment shall be made
on October 31, 2010.
(iii) If
Xxxxx dies before all retainer payments under this § 3 have been paid, any
remaining retainer payments shall continue to be made to Xxxxx’x estate at such
time and in the same amounts as such payments would have been paid to Xxxxx had
he survived.
4. Any
amounts owed to Xxxxx under the Concurrent annual incentive plan for
Concurrent’s 2008 fiscal year (ending June 30, 2008) will be calculated as of
the end of such fiscal year and will be prorated based on the number of days
Xxxxx served as Chief Executive Officer during the 2008 fiscal
year. Such amount (less applicable withholding) will be paid to Xxxxx
at the same time as payments are made to employees of Concurrent and no later
than August 31, 2008.
5. Except
as described in this §5, Concurrent will continue coverage for Xxxxx and his
eligible dependents under the Concurrent hospitalization and medical plan during
the period beginning on the date Xxxxx separates from service and continuing
through the date Xxxxx reaches age 65 (“Coverage Period”). In order
to obtain the coverage, Xxxxx must pay the employee premium that would be
Xxxxx’x responsibility if he was still employed. However, Concurrent
and Xxxxx recognize that under certain situations Concurrent may not be able to
provide coverage under the Concurrent hospitalization and medical plan to Xxxxx
and his eligible dependents for the entire Coverage Period. To the
extent Concurrent cannot provide such coverage, Concurrent will assist Xxxxx in
obtaining coverage under other plans or arrangements wherein Concurrent can
obtain group rates or other financial advantages for Xxxxx. To the
extent such other coverage is not available, Concurrent will (in full
satisfaction of its obligations under this §5) pay the Economic Equivalent in
cash to Xxxxx on the first day of each calendar month during the Coverage Period
for which such coverage is not available. For purposes of this
paragraph, “Economic Equivalent” shall mean the cost to Concurrent (determined
at the time Concurrent ceases to cover Xxxxx under the Concurrent
hospitalization and medical plan) for coverage under such plan for an employee
covered under such plan (reduced by the amount which is the employee’s
responsibility in accordance with the applicable plan document). The
amount paid to Xxxxx as the Economic Equivalent will be “grossed-up” (that is,
Xxxxx will be paid any additional amount necessary to make Xxxxx whole for
additional income taxes, if any, incurred by Xxxxx on cash amounts paid to him
pursuant to this paragraph).
6. As
of the Effective Date, Xxxxx has only the stock options and restricted stock
awards listed on Exhibit B to this Separation Agreement
(“Awards”). Notwithstanding any contrary provision of an Award, each
Award hereby is amended as follows effective as of the Resignation
Date:
a. To
the extent the Award is not fully vested or restrictions have not lapsed as of
the Resignation Date, Xxxxx will continue to vest and restrictions will lapse in
accordance with the schedule for such Award set forth in Exhibit B while he
continues to serve as a consultant for Concurrent, and such Award will fully
vest or restrictions will fully lapse on the earliest of (i) the date for
vesting or lapse of restrictions in the applicable schedule set forth in Exhibit
B, (ii) the date of a change in control (as defined in the Concurrent Computer
Corporation Second Amended and Restated 2001 Stock Option Plan) or (iii) October
31, 2010; provided Xxxxx continues to perform services as a consultant through
the applicable date.
b. Each
Award which is a stock option shall be exercisable by Xxxxx (or upon his death,
by the person designated to exercise such stock option Award after death under
the applicable plan document) until the earlier of (i) February 28, 2011, (ii)
the date the Award would otherwise cease to be exercisable by its terms (as
determined without regard to Xxxxx’x separation from service) or (iii) the date
which is 180 days after Xxxxx’x death.
2
Except
for the vesting, lapse of restrictions and exercise period changes as set forth
in this § 6, each such Award shall remain in full force and effect in
accordance with its terms as in effect before the Resignation Date.
7. Xxxxx
shall be reimbursed by Concurrent for any out of pocket expenses he incurs while
performing services as a consultant, provided such reimbursements are made by
Concurrent in accordance with Concurrent’s standard expense reimbursement policy
for Concurrent’s employees, but in no event shall any cost or expense be
reimbursable to Xxxxx after the end of the calendar year immediately following
the calendar year in which he incurs such cost or expense even if reimbursement
was permissible at a later date under Concurrent’s policy. The
expenses paid by Concurrent during any taxable year of Xxxxx will not affect the
expenses paid by Concurrent in another taxable year. This right to
reimbursement is not subject to liquidation or exchange for another
benefit.
8. Xxxxx
agrees that during his employment and for the period beginning on the date of
his resignation from employment through October 31, 2010, he shall
not:
a. engage
in or provide any services in a senior managerial capacity to or on behalf of
any person or entity that competes with Concurrent in the “real time” or
“video-on-demand” businesses anywhere in the continental United States, which
Xxxxx agrees is the primary geographic area in which Concurrent competes in
these businesses and thus, by virtue of his responsibilities and position as a
senior executive with Concurrent;
b. solicit
or attempt to solicit, for the purpose of competing with Concurrent in its “real
time” or “video-on-demand” businesses, any customers or active prospects of
Concurrent with whom Xxxxx had any material business contact during the final
twelve months of his employment and during his service as a consultant;
or
c. recruit
or otherwise seek to induce any employees of Concurrent to terminate their
employment or violate any agreement with Concurrent.
9. Xxxxx
agrees that he will not use for his own benefit nor reveal to any person or
entity any of the trade’s secrets of Concurrent for so long as they remain trade
secrets. Trade secrets shall be defined as set forth in the Georgia
Trade Secrets Act. Xxxxx further agrees that during the period of his
employment, his engagement as a consultant, and for a period of three years
following his engagement as a consultant, he shall not reveal to any person or
entity nor use for his own personal gain, any Confidential Information of
Concurrent. “Confidential Information” shall be deemed to include
Concurrent’s technical, financial, and business information generally considered
by Concurrent to be confidential and which Concurrent takes reasonable steps to
keep confidential, unless such Confidential Information becomes publicly
available through no fault of Xxxxx or unless it is disclosed by Concurrent to
third parties without similar restrictions. Further, Xxxxx agrees
that any documents, disks, databases, notes or memoranda prepared by him or
others containing trade secrets and/or confidential information of Concurrent
shall be and remain the sole and exclusive property of Concurrent and that upon
termination of Xxxxx’x engagement as a consultant, he will immediately deliver
all such materials, including all copies, to Concurrent at its main
office.
10. This
Agreement shall be binding upon and inure to the benefit of Concurrent or any
corporation or other entity to which Concurrent may transfer all or
substantially all of its assets and business and to which Concurrent may assign
this Agreement, in which case all references to Concurrent shall be deemed to
include such corporation or entity. Xxxxx may not assign this
Agreement or any part thereof without the prior written consent of Concurrent,
which consent may be withheld by Concurrent for any reason it deems appropriate;
provided, however, that nothing herein shall preclude Xxxxx from designating one
or more beneficiaries to receive any amount that may be payable following the
occurrence of his legal incompetency or his death and shall not preclude the
legal representative of his estate from assigning any right hereunder to receive
any amount that may be payable to the person or persons entitled thereto under
his will or, in the case of intestacy, to the person or persons entitled thereto
under the laws of intestacy applicable to his estate. The term
“beneficiaries” as used in this Agreement shall mean a beneficiary or
beneficiaries so designated to receive any such amount or if no beneficiary has
been so designated the legal representative of Xxxxx (in the event of his
incompetency) or his estate.
3
11. Xxxxx
agrees that if during his employment, his engagement as a consultant, and for a
period of three years following the conclusion of his services as a consultant,
he makes or discovers, either alone or with others, any inventions,
modification, development, improvement, process or secret, whether or not
patented or patentable (collectively “inventions”) in the field of computer
science or instrumentation, he will disclose in reasonable detail the nature of
such invention to Concurrent in writing, and if it relates to the business of
Concurrent or any of the products or services being developed, manufactured or
sold by Concurrent, such invention and the benefits thereof shall immediately
become the sole and absolute property of Concurrent provided that Concurrent
notifies Xxxxx in reasonable detail within ninety (90) days after receipt of his
disclosure of such invention that it believes such invention relates to the
business of Concurrent or any of the products or services being developed,
manufactured or sold by Concurrent. Xxxxx further agrees to transfer
such inventions and benefits and rights resulting from such inventions to
Concurrent without compensation and will communicate without cost, delay or
prior publications all available information relating to the inventions to
Concurrent. At Concurrent’s expense, Xxxxx will also sign all
documents (including patent applications if any) and do all acts and things that
Concurrent may deem necessary or desirable to effect the full assignment to
Concurrent of his rights and title to the inventions or necessary to defend any
opposition thereto. Xxxxx also agrees to assign to Concurrent all
copyrights and reproduction rights to any materials prepared by him in
connection with his employment with and consulting services to
Concurrent.
12. In
addition to any and all remedies of law, Concurrent shall also have a right to
an injunction, specific performance and other equitable relief as may be
appropriate to prevent or cease the violation or threatened violation of Xxxxx’x
obligations under this Agreement.
13. This
Separation Agreement shall be deemed a contract made under, and for all purposes
shall be construed in accordance with, the laws of the State of Georgia (without
reference to the principles of conflicts of law).
14. This
Separation Agreement, contains all of the understandings and representations
between the parties hereto pertaining to the subject matter hereof and
supersedes all undertakings and agreements, whether oral or in writing
previously entered into by them with respect thereto (including, without
limitation, the Employment Agreement) except for the restricted stock agreements
and stock option agreements covering the Awards in § 6 (which shall remain in
full force and effect except as amended by § 6).
15. All
payments required to be made by Concurrent hereunder to Xxxxx or his estate or
beneficiaries, shall be subject to withholding of such amounts as Concurrent may
reasonably determine it should withhold pursuant to any applicable law or
regulation.
16. Concurrent
intends that all payments made to Xxxxx within the first six months after his
separation from service on May 2, 2008, are exempt from § 409A of the Code as a
short term deferral. To the extent any other payments under this
Separation Agreement are subject to § 409A of the Code, Xxxxx and Concurrent
intend all such payments under this Separation Agreement to comply with the
requirements of such section, and this Separation Agreement shall, to the extent
practical, be operated and administered to effectuate such intent.
17. Except
as described in this Separation Agreement, Xxxxx’x eligibility for, coverage
under, and participation in all retirement, savings, welfare, fringe benefit,
compensation and bonus plans shall terminate on his separation from
service.
4
18. It
is the intent of the parties that the provisions of this Separation Agreement
shall be enforced to the fullest extent permitted by law. Accordingly, if any
particular section(s), subsection(s) or portion(s) of this Separation Agreement
shall be held invalid or unenforceable as written, such section(s),
subsection(s) or portion(s) shall be modified to the extent necessary to be
valid or enforceable. Such modification shall not affect the
remaining provisions of this Separation Agreement. To the extent any
section(s), subsection(s) or portion(s) of this Separation Agreement are found
invalid or unenforceable and cannot be modified to be valid or enforceable, then
the Separation Agreement shall be construed as if that section(s), subsection(s)
or portion(s) were deleted, and all remaining terms and provisions shall be
enforceable in law or equity in accordance with their terms.
19. This
Separation Agreement may be signed in counterpart and each counterpart shall
have the same force and effect as though the signatures were contained in a
single document. Facsimile signatures shall also have the same force and effect
as original signatures.
20. No
amendments or modifications of this Separation Agreement shall be valid or
binding upon the Parties unless made in writing and signed by the Parties
hereto.
IN
WITNESS WHEREOF, the parties hereto have executed this Separation Agreement as
of the 8th day of April, 2008.
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CONCURRENT
COMPUTER CORPORATION
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BY:
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/s/ Xxxx X. Xxxxxx
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Xxxx
X. Xxxxxx
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Executive
Vice President and General Counsel
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/s/ T. Xxxx Xxxxx
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T.
XXXX XXXXX
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5
EXHIBIT
A
FULL AND FINAL RELEASE OF
CLAIMS
THIS FULL AND FINAL RELEASE OF CLAIMS
(“RELEASE”) is made and entered into as of the ____ day of May, 2008
between Concurrent Computer Corporation, a Delaware corporation (“Concurrent”)
and T. Xxxx Xxxxx (“Xxxxx”).
W
I T N E S S E T H:
WHEREAS, Xxxxx and Concurrent
have entered into a Separation Agreement on the 8th day of April, 2008
(“Separation Agreement”) to address certain compensation and benefits to be paid
to Xxxxx upon his separation from service from Concurrent;
WHEREAS, this Release is
attached to such Separation Agreement and is a part of such
agreement;
WHEREAS, compensation and
benefits payable to Xxxxx in accordance with the Separation Agreement are
conditioned upon Xxxxx’x full and complete compliance with the terms of the
Separation Agreement and with the terms of this Release
NOW,
THEREFORE, in consideration
of the foregoing and the mutual covenants and agreements herein contained, and
intending to be legally bound hereby, the parties hereby agree as
follows:
1. General Release by
Xxxxx: Xxxxx, on his own behalf and on behalf of (as
applicable) his spouse, heirs, successors and assigns, does hereby release and
forever discharge Concurrent, all its partners, parents, subsidiaries,
affiliated entities, and its and their successors, assigns, directors, officers,
representatives, employees, agents, members, shareholders, attorneys, insurers,
employee benefit plans or programs (and the trustees, administrators,
fiduciaries and insurers of such plans or programs) and any other person acting
by, through, under, or in concert with any of the persons or entities listed in
this section (collectively, the “Concurrent Releasees”) of and from any and all
claims, demands, proceedings, causes of action, orders, obligations, contracts,
agreements, debts and liabilities whatsoever, whether known or unknown,
suspected or unsuspected, anticipated or unanticipated, both at law and in
equity, which Xxxxx now has, has ever had or may hereafter have against the
respective Concurrent Releasees arising contemporaneously with or prior to the
Effective Time (as defined in § 2) on account of or arising out of any
matter, cause, event, facts, acts, conduct, documents, representations,
omissions, contracts, claims occurring contemporaneously with or prior to the
Effective Time relating to or arising from Xxxxx’x employment with Concurrent or
termination of employment from Concurrent, specifically including, without
limiting the generality of the foregoing, every matter, cause, thing, act or
omission of the Concurrent Releasees, or any of them, related in any way to or
arising out of federal, state or local laws prohibiting employment
discrimination or claims growing out of legal restrictions on employment
practices, including, but not limited to, any claims arising under the Civil
Rights Act of 1991; Title VII of the Civil Rights Act of 1964, as amended; the
Older Workers Benefit Protection Act; 42 U.S.C. §1981; Executive Order
11246; The Americans with Disabilities Act of 1990; The Family and Medical Leave
Act of 1993; the Fair Labor Standards Act; The Employee Retirement Income
Security Act; and any other federal, state, or local law, statute, ordinance,
constitution or common law, including claims for wrongful discharge, defamation,
loss of consortium, slander, libel, breach of contract, severance pay, or
similar claims, and claims arising from or relating to the Employment Agreement
between Xxxxx and Concurrent dated June 24, 2004, as amended on August 8,
2006, the Separation Agreement and the Protective Agreement; provided, however,
that nothing herein shall operate to release any claims under applicable
worker's compensation and unemployment compensation statutes or claims for which
a release is prohibited by law.
2. Release of Claims Arising
under the ADEA: In addition to the foregoing, Xxxxx hereby
knowingly and voluntarily releases and discharges the Concurrent Releasees,
collectively, separately and severally, from and for any and all liability,
claims, allegations, and causes of action arising under the Age Discrimination
in Employment Act of 1967, as amended (“ADEA”), which he and/or his heirs,
administrators, executors, personal representatives, beneficiaries, and assigns
may have or claim to have against the Concurrent Releasees (together with the
claims released in Section 1, above, the “Released
Claims”). Notwithstanding any other provision or section of this
Release, Xxxxx does not hereby waive any rights or claims under the ADEA that
may arise after the date on which the Release is signed by him.
Xxxxx
hereby acknowledges and represents that (i) he has been given a period of at
least twenty-one (21) days to consider the terms of this Release, (ii)
Concurrent has advised (or hereby advises) Xxxxx in writing to consult with an
attorney prior to executing this Release, and (iii) he has received valuable and
good consideration to which he is otherwise not entitled in exchange for his
execution of this Release.
The
parties hereby acknowledge this Release shall not become effective or
enforceable until the close of business on the seventh (7th) day after it is
executed by Xxxxx (“the Effective Time”) and that Xxxxx may revoke his release
of ADEA claims at any time before the Effective Time.
In the
event either Xxxxx chooses to exercise his option to revoke his release of ADEA
claims, he shall notify Concurrent in writing to its designated agent for this
purpose no later than 5:00 p.m. on the last day of the revocation
period. Such notice shall be delivered to Concurrent by national
overnight delivery service such as Federal Express or United Parcel Service, the
receipt of which shall be tracked by the delivery service, and addressed as
follows:
Concurrent Computer
Corporation
0000 Xxxxx Xxxxx Xxxxxxx
Xxxxxx, XX 00000
Attn: Chairman, Board of
Directors
With a copy to:
King & Spalding LLP
0000 Xxxxxxxxx Xxxxxx
Xxxxxxx, XX 00000
Attn: Xxxx Xxxxxx
Xxxxx
acknowledges and agrees that he shall not be entitled to any payments or
benefits under the Separation Agreement if he revokes this release of ADEA
claims.
3. Covenants Not to
Xxx: Xxxxx represents and covenants that he has not and will
not initiate or voluntarily assist, directly or indirectly, anyone else in the
initiation or prosecution of any complaint, grievance, action, claim, or lawsuit
against any of the Concurrent Releasees relating to any Released Claim. Concurrent
and Xxxxx agree that the Covenants Not to Xxx do not prevent or prohibit Xxxxx
from seeking a judicial determination of the validity of his release of claims
under the ADEA, and that the Covenants Not to Xxx do not prevent the filing of
any administrative complaint or charge on his behalf against the Concurrent
Releasees or any of them by any federal, state or local agency, including, for
instance, the U.S. Equal Employment Opportunity Commission or the U.S.
Department of Labor, but Xxxxx agrees that by signing this Release, he will have
no right to recover monetary damages or obtain individual relief of any kind in
such proceeding with respect to claims released or waived by this
Release.
4. FMLA
Acknowledgments: Xxxxx acknowledges and represents that Xxxxx
(i) has received all leave required under the Family and Medical Leave Act
of 1993, as amended (“FMLA”), and (ii) does not claim that any of the
Concurrent Releasees violated or denied Xxxxx’x rights under the
FMLA.
5. No Admission of
Liability: This Release and the Separation Agreement are not
intended to be, and shall not be construed as, any admission of liability or
wrongdoing of any kind by any party.
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CONCURRENT
COMPUTER CORPORATION
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T.
Xxxx Xxxxx
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By:
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Title:
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EXHIBIT
B
OPTIONS
AND RESTRICTED STOCK AWARDS
|
OPTIONS
|
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GRANT DATE
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TYPE
|
NUMBER
|
VEST DATE
|
EXERCISABLE
|
EXPIRES
|
STRIKE PRICE
|
|
7/19/2004
|
ISO
|
70,422
|
7/19/2005
|
70,422
|
7/19/2014
|
$1.42
|
|
7/19/2004
|
ISO
|
70,422
|
7/19/2006
|
70,422
|
7/19/2014
|
$1.42
|
|
7/19/2004
|
ISO
|
70,422
|
7/19/2007
|
70,422
|
7/19/2014
|
$1.42
|
|
7/19/2004
|
ISO
|
70,422
|
7/19/2008
|
7/19/2014
|
$1.42
|
|
|
7/19/2004
|
NQ
|
54,578
|
7/19/2005
|
54,578
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7/19/2014
|
$1.42
|
|
7/19/2004
|
NQ
|
54,578
|
7/19/2006
|
54,578
|
7/19/2014
|
$1.42
|
|
7/19/2004
|
NQ
|
54,578
|
7/19/2007
|
54,578
|
7/19/2014
|
$1.42
|
|
7/19/2004
|
NQ
|
54,578
|
7/19/2008
|
7/19/2014
|
$1.42
|
|
|
6/22/2005
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NQ
|
219,010
|
6/22/2005
|
219,010
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6/22/2015
|
$2.15
|
|
8/14/2006
|
ISO
|
67,677
|
8/14/2009
|
8/14/2016
|
$1.35
|
|
|
8/14/2006
|
ISO
|
67,677
|
8/14/2010
|
8/14/2016
|
$1.35
|
|
|
8/14/2006
|
NQ
|
67,678
|
8/14/2007
|
67,678
|
8/14/2016
|
$1.35
|
|
8/14/2006
|
NQ
|
67,677
|
8/14/2008
|
8/14/2016
|
$1.35
|
|
|
8/20/2007
|
ISO
|
6,168
|
8/20/2009
|
8/20/2017
|
$1.40
|
|
|
8/20/2007
|
ISO
|
6,168
|
8/20/2010
|
8/20/2017
|
$1.40
|
|
|
8/20/2007
|
ISO
|
71,428
|
8/20/2011
|
8/20/2017
|
$1.40
|
|
|
8/20/2007
|
NQ
|
71,895
|
8/20/2008
|
8/20/2017
|
$1.40
|
|
|
8/20/2007
|
NQ
|
65,726
|
8/20/2009
|
8/20/2017
|
$1.40
|
|
|
8/20/2007
|
NQ
|
65,726
|
8/20/2010
|
8/20/2017
|
$1.40
|
|
|
8/20/2007
|
NQ
|
466
|
8/20/2011
|
8/20/2017
|
$1.40
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RESTRICTED
STOCK AWARDS
|
GRANT DATE
|
TYPE
|
NUMBER
|
RESTRICTIONS
LAPSE DATE
|
RESTRICTIONS
LAPSED
|
REASON
|
DATE
|
|
10/25/2004
|
RSA
|
23,643
|
10/25/2005
|
23,643
|
||
|
10/25/2004
|
RSA
|
23,643
|
10/25/2006
|
23,643
|
||
|
10/25/2004
|
RSA
|
23,643
|
10/25/2007
|
23,642
|
||
|
10/25/2004
|
RSA
|
23,643
|
10/25/2008
|
|||
|
10/25/2004
|
RSA
|
15,762
|
10/24/2005
|
CANCELLED
|
10//24/2005
|
|
|
10/25/2004
|
RSA
|
15,762
|
10/24/2006
|
CANCELLED
|
10/24/2006
|
|
|
10/25/2004
|
RSA
|
15,762
|
10/24/2007
|
|||
|
10/25/2004
|
RSA
|
15,761
|
10/24/2008
|
