ANDREW CORPORATION EXECUTIVE SEVERANCE BENEFIT PLAN AGREEMENT
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Exhibit 99.1
XXXXXX CORPORATION
EXECUTIVE SEVERANCE BENEFIT PLAN AGREEMENT
EXECUTIVE SEVERANCE BENEFIT PLAN AGREEMENT
THIS AGREEMENT, made this 7th day of December, 2005, by and between Xxxxxx
Corporation (the “Company”) and Xxxx Xxxxxxx (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 specially 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
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XXXXXX CORPORATION | |||||
/s/
Xxxx X.
Xxxxxxx December 7,
2005 |
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,individually Date
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By: /s/ Xxxxx X Xxxxxxx | |||||
Its: CHRO | ||||||