ANDREW CORPORATION EXECUTIVE SEVERANCE BENEFIT PLAN AGREEMENT
EXHIBIT 99.1
XXXXXX CORPORATION
EXECUTIVE SEVERANCE BENEFIT PLAN AGREEMENT
EXECUTIVE SEVERANCE BENEFIT PLAN AGREEMENT
THIS AGREEMENT, made this 14th day of April, 2006, by and between Xxxxxx Corporation (the
“Company”) and Xxxxxx Xxxx (the “Executive”),
WITNESSETH:
WHEREAS, the Company maintains the Xxxxxx Corporation Executive Severance Benefit Plan, as
amended and restated effective May 14, 2004 (the “Plan”); and
WHEREAS, the Executive has been designated as an eligible participant in the Plan;
NOW, THEREFORE, the Executive and Company hereby agree as follows:
1. Plan Benefits. The Executive has been designated as a TIER II Participant in the
Plan and shall be eligible solely for the benefits set forth therein applicable to TIER II
Participants. The receipt of such benefits shall be subject to all of the terms and conditions set
forth in the Plan, including, but not limited to, terms related to the amount, time and form of
benefits. By execution of this Agreement, the Executive agrees to be bound by the provisions of
the Plan, as amended and restated effective May 14, 2004, and as may be subsequently amended.
2. Arbitration. The Executive acknowledges that Section 7.2 of the Plan contains an
arbitration provision, and by execution of this Agreement agrees to be bound by the terms of such
arbitration provision.
3. Plan Not Contract of Employment. The Plan does not constitute a contract of
employment and nothing in the Plan shall be construed to give the Executive the right to be
retained by the Company or to any benefits not specifically provided by the Plan.
4. Plan Supercedes Prior Change in Control Severance Agreements. The Executive
acknowledges and agrees that the benefits and terms set forth in the May 14, 2004 restatement of
the Plan, as applicable to the Participant based on the Tier designated in paragraph 1 above, are a
replacement for and in lieu of any benefits to which the Executive may have been entitled under the
Plan prior to its restatement or under any other agreement with the Company relating to Change in
Control severance benefits. The Executive further acknowledges such benefits and terms may be
subsequently amended pursuant to Section 7.1 of the Plan.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first
above written.
EXECUTIVE | XXXXXX CORPORATION | |||||||
/s/ Xxxxxx Xxxx
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4/14/06 |
By: | /s/ Xxxxx X. Xxxxxx
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Xxxxxx Xxxx, individually | Date | Its: President and CEO |