Exhibit 10.33
TRUST UNDER THE HANNAFORD
NONQUALIFIED DEFERRED COMPENSATION PLANS
AND EMPLOYMENT CONTINUITY AGREEMENTS
(a) THIS AGREEMENT, made this day of , 2000, by and between HANNAFORD BROS.
CO., a corporation organized under the laws of the State of Maine ("Company"),
and STATE STREET BANK AND TRUST COMPANY, a banking association organized and
existing under the laws of the Commonwealth of Massachusetts ("Trustee");
(b) WHEREAS, Company has adopted the nonqualified deferred compensation
plans listed in Appendix A and has entered into certain Employment Continuity
Agreements, also listed in Appendix A (hereinafter collectively called the
"Plans");
(c) WHEREAS, Company has incurred or expects to incur liability under the
terms of such Plans with respect to the individuals participating in such plans;
(d) WHEREAS, Company wishes to establish a trust (hereinafter called
"Trust") and to contribute to the Trust assets that shall be held therein,
subject to the claims of Company's creditors in the event of Company's
Insolvency, as herein defined, until paid to Plan participants and their
beneficiaries in such manner and at such times as specified in the Plans;
(e) WHEREAS, it is the intention of the parties that this Trust shall
constitute an unfunded arrangement and shall not affect the status of each of
the Plans as an unfunded plan maintained for the purpose of providing deferred
compensation for a select group of management or highly compensated employees
for purposes of Title I of the Employee Retirement Income Security Act of 1974
("ERISA");
(f) WHEREAS, it is the intention of Company to make contributions to the
Trust to provide itself with a source of funds to assist it in the meeting of
its liabilities under the Plans;
NOW, THEREFORE, the parties do hereby establish the Trust and agree that
the Trust shall be comprised, held and disposed of as follows:
SECTION 1
ESTABLISHMENT OF TRUST
(a) Company hereby deposits with the Trustee in trust One Hundred Dollars
($100.00), which shall become the principal of the Trust to be held,
administered and disposed of by Trustee as provided in this Trust Agreement.
(b) The Trust hereby established shall be irrevocable.
(c) The Trust is intended to be a grantor trust, of which Company is the
grantor, within the meaning of subpart E, part I, subchapter J, chapter 1,
subtitle A of the Internal Revenue Code of 1986, as amended, and shall be
construed accordingly.
(d) The principal of the Trust, and any earnings thereon, shall be held
separate and apart from other funds of Company and shall be used exclusively for
the uses and purposes of Plan participants and general creditors as herein set
forth. Plan participants and their beneficiaries shall have no preferred claim
on, or any beneficial ownership interest in, any assets of the Trust. Any rights
created under the Plans and this Trust Agreement shall be mere unsecured
contractual rights of Plan participants and their beneficiaries against Company.
Any assets held by the Trust will be subject to the claims of Company's general
creditors under federal and state law in the event of Insolvency, as defined in
Section 3(a) herein.
(e) Company, in its sole discretion, may at any time, or from time to time,
make additional deposits of cash or other property in trust with Trustee to
augment the principal to be held, administered, and disposed of by Trustee as
provided in this Trust Agreement. Neither the Trustee nor any Plan participant
or beneficiary shall have any right to compel such additional deposits.
(f) Upon a Change in Control Event, Company shall, as soon as possible, but
in no event longer than 30 days following the Change in Control Event, as
defined herein, make an irrevocable contribution to the Trust in an amount that
is sufficient to pay each Plan participant or beneficiary the benefits to which
Plan participants or their beneficiaries would be entitled pursuant to the terms
of the Plans as of the date on which the Change in Control Event occurred.
An amount is "sufficient," within the meaning of the preceding sentence if,
when added to any cash or other property previously contributed to the Trust by
the Company, the fair market value of the Trust assets as of the date the
contribution is made equals or exceeds the sum of (1) the present value of all
accrued and unpaid benefits to which participants or their beneficiaries would
be entitled under the terms of the Plans as of the date the Change in Control
Event occurred, and (2) all compensation owed and expenses incurred but unpaid
of the Trustee, pursuant to Section 9, as of such date. For purposes of this
Section, present value shall be determined in the same manner that the present
value of benefits is then determined under the Hannaford Cash Balance Plan.
SECTION 2
PAYMENT TO PLAN PARTICIPANTS AND THEIR BENEFICIARIES
(a) Company shall deliver to Trustee a schedule (the "Payment Schedule")
that indicates the amounts payable in respect of each Plan participant (and his
or her beneficiaries), that provides a formula or other instructions acceptable
to Trustee for determining the amounts so payable, the form in which such amount
is to be paid (as provided for or available under the Plans), and the time of
commencement for payment of such amounts. Except as otherwise provided herein,
Trustee shall make payments to the Plan participants and their beneficiaries in
accordance with such Payment Schedule. The Trustee shall make provision for the
reporting and withholding of any federal, state, or local taxes that may be
required to be withheld with respect to the payment of benefits pursuant to the
terms of the Plans and shall pay amounts withheld to the appropriate taxing
authorities or determine that such amounts have been reported, withheld, and
paid by Company.
(b) The entitlement of a Plan participant or his or her beneficiaries to
benefits under the Plans shall be determined by Company or such party as it
shall designate under the Plans, and any claim for benefits shall be considered
and reviewed under the procedures set out in the Plans.
(c) Company may make payment of benefits directly to Plan participants or
their beneficiaries as they become due under the terms of the Plans. Company
shall notify Trustee of its decision to make payment of benefits directly prior
to the time amounts are payable to participants or their beneficiaries. In
addition, if the principal of the Trust, and any earnings thereon, are not
sufficient to make payments of benefits in accordance with the terms of the
Plans, Company shall make the balance of each such payment as it falls due.
Trustee shall notify Company where principal and earnings are not sufficient.
SECTION 3
TRUSTEE RESPONSIBILITY REGARDING PAYMENTS TO
TRUST BENEFICIARY WHEN COMPANY IS INSOLVENT
(a) Trustee shall cease payment of benefits to Plan participants and their
beneficiaries if Company is Insolvent. Company shall be considered "Insolvent"
for purposes of this Trust Agreement if (i) Company is unable to pay its debts
as they become due, or (ii) Company is subject to a pending proceeding as a
debtor under the United States Bankruptcy Code.
(b) At all times during the continuance of this Trust, as provided in
Section 1(d) hereof, the principal and income of the Trust shall be subject to
claims of general creditors of Company under federal and state law as set forth
below.
(1) The Board of Directors and the Chief Executive Officer of Company
shall have the duty to inform Trustee in writing of Company's
Insolvency. If a person claiming to be a creditor of Company alleges
in writing to Trustee that Company has become Insolvent, Trustee shall
determine whether Company is Insolvent and, pending such determination,
Trustee shall discontinue payment of benefits to Plan participants or
their beneficiaries.
(2) Unless Trustee has actual knowledge of Company's Insolvency, or
has received notice from Company or a person claiming to be a creditor
alleging that Company is Insolvent, Trustee shall have no duty to
inquire whether Company is Insolvent. Trustee may in all events rely
on such evidence concerning Company's solvency as may be furnished to
Trustee and that provides Trustee with a reasonable basis for making a
determination concerning Company's solvency.
(3) If at any time Trustee has determined that Company is Insolvent,
Trustee shall discontinue payments to Plan participants or their
beneficiaries and shall hold the assets of the Trust for the benefit of
Company's general creditors. Nothing in this Trust Agreement shall in
any way diminish any rights of Plan participants or their beneficiaries
to pursue their rights as general creditors of Company with respect to
benefits due under the Plans or otherwise.
(4) Trustee shall resume the payment of benefits to Plan participants
or their beneficiaries in accordance with Section 2 of this Trust
Agreement only after Trustee has determined that Company is not
Insolvent (or is no longer Insolvent).
(c) Provided that there are sufficient assets, if Trustee discontinues the
payment of benefits from the Trust pursuant to Section 3(b) hereof and
subsequently resumes such payments, the first payment following such
discontinuance shall include the aggregate amount of all payments due to Plan
participants or their beneficiaries under the terms of the Plans for the period
of such discontinuance, less the aggregate amount of any payments made to Plan
participants or their beneficiaries by Company in lieu of the payments provided
for hereunder during any such period of discontinuance.
SECTION 4
PAYMENTS TO COMPANY
Except as provided in Section 3 hereof, after the Trust has become
irrevocable, Company shall have no right or power to direct Trustee to return to
Company or to divert to others any of the Trust assets before all payment of
benefits have been made to Plan participants and their beneficiaries pursuant to
the terms of the Plans.
SECTION 5
INVESTMENT AUTHORITY
(a) In no event may Trustee invest in securities (including stock or rights
to acquire stock) or obligations issued by Company, other than a de minimis
amount held in common investment vehicles in which Trustee invests. All rights
associated with assets of the Trust shall be exercised by Trustee or the person
designated by Trustee, and shall in no event be exercisable by or rest with Plan
participants.
(b) Trustee shall invest and reinvest the principal and income of the Trust
and keep the Trust invested, without distinction between principal and income,
in such instruments as Trustee in its sole discretion shall determine consistent
with such written investment guidelines as the Finance Committee of Company's
Board of Directors may from time to time provide. Trustee may rely on such
written guidelines and, except as otherwise provided by law, shall have no
liability for following such guidelines. In the event Company fails to provide
written investment guidelines, Trustee shall invest the Trust in one or more of
the following instruments, as Trustee in its sole discretion shall determine:
U.S. Treasury bills, notes or bonds; U.S. Government agency securities; time
deposits; certificates of deposit (issued by financial institutions rated A or B
by Xxxxx, Xxxxxxxx & Xxxxx); commercial paper (rated A-1 by Standard & Poors or
P-1 or better by Xxxxx'x Investor Service); bankers' acceptances; repurchase
agreements; and pooled short-term investment funds. In addition, Trustee may
invest or reinvest all or any specified portion of the Trust in any common,
collective or commingled trust fund which has been or may hereafter be
established and maintained by Trustee. Notwithstanding the foregoing provisions
of this paragraph (b) to the contrary, Trustee shall, from time to time,
liquidate Trust investments to the extent necessary to make a payment required
under this Trust Agreement.
(c) Company shall have the right, at any time, and from time to time in its
sole discretion, to substitute assets of equal fair market value for any asset
held by the Trust.
SECTION 6
DISPOSITION OF INCOME
During the term of this Trust, all income received by the Trust, net of
expenses and taxes, shall be accumulated and reinvested.
SECTION 7
ACCOUNTING BY TRUSTEE
(a) Trustee shall keep or cause to be kept accurate and detailed accounts
of any receipts, investments, disbursements and other transactions hereunder and
all necessary and appropriate records required to identify correctly and reflect
accurately the condition of the Trust. All such accounts and records shall be
open to inspection and audit at all reasonable times by any person, including an
independent public accountant, designated by Company, and shall be preserved (in
original form or on microfilm, magnetic tape or any other similar process) for
such period as Trustee may determine. Trustee may destroy such accounts and
records only after notifying Company in writing of its intention to do so and
transferring to Company any of such documents requested in writing by Company.
(b) Within 30 days after the close of each calendar year, and within 30
days after the removal or resignation of Trustee or the termination of the
Trust, Trustee shall file with Company a written account setting forth all
investments, receipts, disbursements, and other transactions effected by it
during the preceding calendar year, or during the period from the close of the
preceding calendar year to the date of such removal, resignation, or
termination. Such account shall include a description of all investments and
securities purchased and sold with the cost of such purchase or net proceeds of
such sales and showing all cash, securities, and other property held at the end
of such calendar year or other period.
(c) Nothing contained in this Trust Agreement shall be construed as
depriving Trustee, Company, or Plan participants or their beneficiaries of the
right to have a judicial settlement of Trustee's accounts. Upon any proceeding
for a judicial settlement of Trustee's accounts or for instructions, the only
necessary parties thereto, in addition to Trustee, shall be Company and the Plan
participants or their beneficiaries.
(d) In addition to any returns required of Trustee by law, Trustee shall
prepare and file such tax returns and other reports as Company and Trustee may
from time to time agree in writing are necessary or advisable.
SECTION 8
RESPONSIBILITY OF TRUSTEE
(a) Trustee shall act with the care, skill, prudence and diligence under
the circumstances then prevailing that a prudent person acting in like capacity
and familiar with such matters would use in the conduct of an enterprise of like
character and with like aims, provided, however, that Trustee shall incur no
liability to any person for any action taken pursuant to a direction, request or
approval given by Company which is contemplated by, and in conformity with, the
terms of the Plans or this Trust and is given in writing by Company. In the
event of a dispute between Company and a party, Trustee may apply to a court of
competent jurisdiction to resolve the dispute.
(b) Trustee may commence or defend suits or legal proceedings, represent
the Trust in all such actions, and settle, compromise, or submit to arbitration
any disputes involving the Trust. If Trustee undertakes or defends any
litigation arising in connection with this Trust, Company agrees to indemnify
Trustee against Trustee's costs, expenses and liabilities (including, without
limitation, attorneys' fees and expenses) relating thereto and to be primarily
liable for such payments. If Company does not pay such costs, expenses and
liabilities in a reasonably timely manner, Trustee may obtain payment from the
Trust.
(c) Trustee may engage or consult with legal counsel (who may also be
counsel for Company generally), accountants, enrolled actuaries, or any other
suitable agents to assist it in performing any of its duties or obligations
hereunder; rely upon the advice of such counsel, accountants, actuaries, or
agents; and pay the reasonable fees, expenses, and compensation of such counsel,
accountants, actuaries, or agents from the Trust to the extent that they are not
paid by Company.
(d) Trustee shall have, without exclusion, all powers conferred on Trustees
by applicable law, unless expressly provided otherwise herein, provided,
however, that if an insurance policy is held as an asset of the Trust, Trustee
shall have no power to name a beneficiary of the policy other than the Trust, to
assign the policy (as distinct from conversion of the policy to a different
form) other than to a successor Trustee, or to loan to any person the proceeds
of any borrowing against such policy.
(e) Notwithstanding any powers granted to Trustee pursuant to this Trust
Agreement or to applicable law, Trustee shall not have any power that could give
this Trust the objective of carrying on a business and dividing the gains
therefrom, within the meaning of section 301.7701-2 of the Procedure and
Administrative Regulations promulgated pursuant to the Internal Revenue Code.
SECTION 9
COMPENSATION AND EXPENSES OF TRUSTEE
(a) Company shall pay Trustee such reasonable compensation for its services
hereunder as may be agreed upon in writing from time to time by Company and
Trustee. Company shall also pay the reasonable expenses incurred by Trustee in
the performance of its duties under this Trust Agreement. Such compensation and
expenses shall be paid from the Trust to the extent that they are not paid by
Company.
(b) Company shall pay any taxes which are lawfully levied or assessed upon
or become payable with respect to the Trust. To the extent that any taxes
lawfully levied or assessed upon the Trust are not paid by Company, Trustee
shall pay such taxes out of the Trust. Trustee shall contest the validity of
taxes in any manner deemed appropriate by Company, but at Company's expense. In
the alternative, Company itself may contest the validity of any such taxes.
SECTION 10
Resignation and Removal of Trustee
(a) Trustee may resign at any time by written notice to Company, which
shall be effective 60 days after receipt of such notice unless Company and
Trustee agree otherwise.
(b) Trustee may be removed by Company with or without cause at any time
upon at least 60 days' notice in writing to Trustee, or upon shorter notice
accepted by Trustee. In the event of such removal, or a resignation in
accordance with Section 10(a) hereof, Trustee shall duly file with Company a
written account as provided in Section 7(b) hereof.
(c) Upon resignation or removal of Trustee and appointment of a successor
Trustee, all assets shall subsequently be transferred to the successor Trustee.
The transfer shall be completed within 60 days after receipt of notice of
resignation, removal, or transfer, unless Company extends the time limit.
(d) If Trustee resigns or is removed, a successor shall be appointed, in
accordance with Section 11 hereof, by the effective date of resignation or
removal under paragraphs (a) or (b) of this Section. If no such appointment has
been made, Trustee may apply to a court of competent jurisdiction for
appointment of a successor or for instructions. All expenses of Trustee in
connection with the proceeding shall be allowed as administrative expenses of
the Trust.
SECTION 11
APPOINTMENT OF SUCCESSOR
(a) Within 60 days after the date of a notice of resignation or removal of
Trustee, in accordance with Section 10(a) or (b) hereof, Company shall designate
any third party, such as a bank trust department or other party that may be
granted corporate trust powers under state law, as a successor to replace
Trustee upon resignation or removal. The appointment shall be effective when
accepted in writing by the new Trustee, who shall have all of the rights and
powers of the former Trustee, including ownership rights in the Trust assets.
The former Trustee shall execute any instrument necessary or reasonably
requested by Company of the successor Trustee to evidence the transfer. The word
"Trustee" wherever used herein, except where the context otherwise requires,
shall be deemed to include any successor Trustee.
(b) The successor Trustee need not examine the records and acts of any
prior Trustee and may retain or dispose of existing Trust assets, subject to
Sections 7 and 8 hereof. The successor Trustee shall not be responsible for and
Company shall indemnify and defend the successor Trustee from any claim or
liability resulting from any action or inaction of any prior Trustee or from any
other past event, or any condition existing at the time it becomes successor
Trustee.
(c) Any corporation into which Trustee may be merged or with which it may
be consolidated, or any corporation resulting from any merger, reorganization,
or consolidation to which Trustee may be a party, or any corporation to which
all or substantially all the trust business of Trustee may be transferred shall
be the successor of Trustee hereunder without the execution or filing of any
instrument or the performance of any act.
SECTION 12
AMENDMENT OR TERMINATION
(a) This Trust Agreement may be amended by a written instrument executed by
Trustee and Company. Notwithstanding the foregoing, no such amendment shall
conflict with the terms of the Plans or shall make the Trust revocable after it
has become irrevocable in accordance with Section 1(b) hereof.
(b) The Trust shall not terminate until the date on which Plan participants
and their beneficiaries are no longer entitled to benefits pursuant to the terms
of the Plans. Upon termination of the Trust any assets remaining in the trust
shall be returned to Company.
SECTION 13
MISCELLANEOUS
(a) Any provision of this Trust Agreement prohibited by law shall be
ineffective to the extent of any such prohibition, without invalidating the
remaining provisions hereof.
(b) Benefits payable to Plan participants and their beneficiaries under
this Trust Agreement may not be anticipated, assigned (either at law or in
equity), alienated, pledged, encumbered or subjected to attachment, garnishment,
levy, execution or other legal or equitable process.
(c) This Trust Agreement shall be governed by and construed in accordance
with the laws of the State of Maine.
(d) For purposes of this Trust, Change in Control Event shall mean one of
the following events:
(1) Any person acquires beneficial ownership of Company securities and
is or thereby becomes a beneficial owner of securities entitling such
person to exercise 27 percent or more of the combined voting power of
Company's then outstanding stock.
For purposes of this paragraph (d)(1), "beneficial ownership" shall be
determined in accordance with Regulation 13D under the Securities
Exchange Act of 1934, or any similar successor regulation or rule; and
the term "person" shall include any natural person, corporation,
partnership, trust or association, or any group or combination
thereof, whose ownership of Company securities would be required to be
reported under such Regulation 13D, or any similar successor
regulation or rule.
(2) Within any 25-month period, individuals who were Outside
Directors at the beginning of such period, together with any other
Outside Directors first elected as directors of Company pursuant to
nominations approved or ratified by at least two thirds (2/3) of the
Outside Directors in office immediately prior to such respective
elections, cease to constitute a majority of the Board of Directors of
Company.
For purposes of this paragraph (d)(2), an "Outside Director" as of a
given date shall mean a member of Company's Board of Directors who has
been a director of Company throughout the 6 months prior to such date
and who has not been an employee of Company at any time during such
6-month period.
(3) Company ceases to be a reporting Company pursuant to Section 13(a) of
the Securities Exchange Act of 1934 or any similar successor provision.
(4) Company's stockholders approve:
(A) any consolidation or merger of Company in which Company is
not the continuing or surviving corporation or pursuant to which shares
of Company common stock would be converted into cash, securities, or
other property, other than a merger or consolidation of Company in
which the holders of Company's common stock immediately prior to the
merger or consolidation have substantially the same proportionate
ownership and voting control of the surviving corporation immediately
after the merger and consolidation; or
(B) any sale, lease, exchange, liquidation or other transfer (in
one transaction or a series of transactions) or all or substantially
all of the assets of Company.
Notwithstanding (A) and (B) above, the term "Change in Control Event" shall
not include a consolidation, merger, or other reorganization if upon
consummation of such transaction all of the outstanding voting stock of Company
is owned, directly or indirectly, by a holding Company, and the holders of
Company's common stock immediately prior to the transaction have substantially
the same proportionate ownership and voting control of the holding Company.
(e) Trustee accepts the Trust established under this Trust Agreement on the
terms and conditions set forth herein and agrees to discharge fully all of the
duties and perform faithfully all of the obligations imposed upon it under this
Trust Agreement.
(f) Trustee assumes no obligation or responsibility with respect to any
action required under this Trust Agreement on the part of Company.
(g) Except as otherwise required by law, a third party dealing with Trustee
shall not be required to inquire as to the authority of Trustee to take any
action or the validity or propriety of any act of Trustee, nor be under any
obligation to see to the proper application by Trustee of any Trust property.
(h) The Trust shall in no manner be liable for or subject to the debts or
liabilities of any Plan participant or beneficiary.
SECTION 14
EFFECTIVE DATE
The effective date of this Trust Agreement shall be the date first written
above.
IN WITNESS WHEREOF, this Trust Agreement has been duly executed by the
parties hereto as of the day and year above written.
Witness: HANNAFORD BROS. CO.
By
Its
Witness: STATE STREET BANK AND TRUST COMPANY,
TRUSTEE
By
Its
APPENDIX A
Nonqualified Deferred Compensation Plans
of Hannaford Bros. Co.
1. The Hannaford Bros. Co. Deferred Compensation Plan for Officers, as the
same may be amended from time to time.
1. The Hannaford Nonqualified Savings and Investment Plan, as the same may
be amended from time to time.
1. The Hannaford Supplemental Executive Retirement Plan, as the same may be
amended from time to time.
1. The Employment Continuity Agreement with Xxxxxxx X. Xxxxxxxx, dated
April 26, 1999.
1. The Employment Continuity Agreement with Xxxx X. Xxxxxxxxxx, dated May
19, 1998, and amended February 17, 1999, as the same may be amended from
time to time.
1. The Employment Continuity Agreement with Xxxx X. Xxxxxxxx, dated May 19,
1998, and amended April 20, 1999, as the same may be amended from time
to time.
1. The Employment Continuity Agreement with Xxxxxx X. Xxxxxxxxx, dated May
19, 1998, and amended April 2, 1999, as the same may be amended from
time to time.
1. The Employment Continuity Agreement with Xxxxxx X. Xxxxx, dated May 19,
1998, and amended May 3, 1999, as the same may be amended from time to
time.
1. The Employment Continuity Agreement with Xxxxxx X. XxXxxxxx, dated May
19, 1998, and amended February 17, 1999, as the same may be amended from
time to time.
1. The Employment Continuity Agreement with Xxxxxxx X. Xxxxxx, dated May
19, 1998, and amended April 2, 1999, as the same may be amended from
time to time.
1. The Employment Continuity Agreement with Xxxxxx X. Xxxxxxxx, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxxxxx X. Xxxxx, XX, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxxxx X. Xxxxx, dated February
17, 1999.
1. The Employment Continuity Agreement with Xxxxxxx X. Broader, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxxxx X. Xxxxxx, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxxxxxx X. Xxx, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxxxxx X. Xxxxxx, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxxxx X. Xxxxxxxxx, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxxxxx X. Xxxx, dated
May 17, 1999.
1. The Employment Continuity Agreement with Xxxxxxx X. Xxxxxxx, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxx X. Xxxxx, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxxx X. Xxxx, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxx X. Xxxxxx, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxx X. Xxxxxxxx Xxxxxxxx,
dated February 17, 1999.
1. The Employment Continuity Agreement with Xxxxx X. Xxxxxxxxxx,
February 18, 1999.
1. The Employment Continuity Agreement with Xxxxxx X. Xxxxxxxxx,
dated April 1, 1999.
1. The Employment Continuity Agreement with Xxxxxxx X. Xxxxxx, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxxx Xxxxxx-Xxxxxxx,
dated February 17, 1999.
1. The Employment Continuity Agreement with Xxxxxxxx X. Xxxx, dated
February 17, 1999.
1. The Employment Continuity Agreement with Xxxxx X. Xxxxxxx, dated
February 17, 1999.