This document constitutes part of the prospectus covering securities that have been registered under the Securities Act of 1933.Award Agreement • February 27th, 2009 • Walter Industries Inc /New/ • Bituminous coal & lignite mining • Delaware
THIS AGREEMENT, effective as of the Date of Grant set forth below, represents a grant of restricted stock units (“RSUs”) by Walter Industries, Inc., a Delaware corporation (the “Company”), to the Participant named below, pursuant to the provisions of the 2002 Long-Term Incentive Award Plan of Walter Industries, Inc. (the “Plan”). You have been selected to receive a grant of RSUs pursuant to the Plan, as specified below.
Amended and Restated Executive Change-in-Control Severance Agreement forControl Severance Agreement • February 27th, 2009 • Walter Industries Inc /New/ • Bituminous coal & lignite mining
THIS AMENDED AND RESTATED EXECUTIVE CHANGE-IN-CONTROL SEVERANCE AGREEMENT is made, entered into, and is effective this day of , 2008 (hereinafter referred to as the “Effective Date”), by and between Walter Industries, Inc. (the “Company”), a Delaware corporation, and (the “Executive”).
NON-QUALIFIED STOCK OPTION AGREEMENTNon-Qualified Stock Option Agreement • February 27th, 2009 • Walter Industries Inc /New/ • Bituminous coal & lignite mining • Delaware
THIS AGREEMENT (the “Agreement”), dated <GRANT DATE> (the “Grant Date”), is made by and between Walter Industries, Inc., a Delaware corporation (the “Company”) and <NAME>, <POSITION>, of the Company (or one of its Subsidiaries, as defined herein), hereinafter referred to as the “Optionee”:
CONFIDENTIAL December 22, 2008 Mr. Victor P. Patrick Tampa, FL 33607 Dear Vic:Walter Industries Inc /New/ • February 27th, 2009 • Bituminous coal & lignite mining
The terms of your employment with Walter Industries, Inc. (the “Company”) are currently governed by a letter employment agreement dated August 1, 2006 (the “Original Agreement”). New tax rules under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”) require that certain provisions of our Original Agreement be amended. Accordingly, you and the Company hereby amend the terms of your employment as set forth below. To the extent the terms of this letter agreement are inconsistent with the terms of the Original Agreement, the terms of this letter agreement will control.
CONFIDENTIAL December 22, 2008 Mr. George R. Richmond 16243 Highway 216 Brookwood, AL 35444 Dear George:Walter Industries Inc /New/ • February 27th, 2009 • Bituminous coal & lignite mining
The terms of your employment with Jim Walter Resources, Inc. (the “Company”) are currently governed by a letter employment agreement dated March 13, 2006 (the “Original Agreement”). New tax rules under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), require that certain provisions of our Original Agreement be amended. Accordingly, you and the Company hereby amend the terms of your employment as set forth below. To the extent the terms of this letter agreement are inconsistent with the terms of the Original Agreement, the terms of this letter agreement will control.
