0001193125-08-259836 Sample Contracts

CHANGE IN CONTROL SEVERANCE AGREEMENT AS AMENDED AND RESTATED
Change in Control Severance Agreement • December 24th, 2008 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS AMENDED AND RESTATED CHANGE IN CONTROL SEVERANCE AGREEMENT (this “Agreement”) is made on December 23, 2008 between Massey Energy Company, a Delaware corporation (the “Company”), and J. Christopher Adkins (the “Executive”) and amends, restates and supercedes the Change in Control Severance Agreement between the Company and the Executive (the “Original Agreement”), effective as of December 21, 2005 (the “Effective Date”).

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EMPLOYMENT AGREEMENT AS AMENDED AND RESTATED
Employment Agreement • December 24th, 2008 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS EMPLOYMENT AGREEMENT (this “Agreement”), originally effective as of May 25, 2006 (the “Effective Date”), is amended and restated on December 23, 2008 between Massey Energy Company, a Delaware corporation (the “Company”), and Michael K. Snelling (the “Executive”). This Agreement amends, restates and supersedes the employment agreement between the Company and the Executive effective as of the Effective Date (the “Original Agreement”).

RETENTION AND EMPLOYMENT AGREEMENT AS AMENDED AND RESTATED
Retention and Employment Agreement • December 24th, 2008 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS RETENTION AND EMPLOYMENT AGREEMENT (this “Agreement”), originally effective on November 13, 2007 (the “Effective Date”), is made on December 23, 2008 between MASSEY ENERGY COMPANY, a Delaware corporation (the “Company”), and John Christopher Adkins (the “Executive”). This Agreement amends, restates and supersedes the Retention and Employment Agreement between the Company and the Executive effective as of the Effective Date (the “Original Agreement”).

MASSEY ENERGY COMPANY Non-Employee Director Initial Restricted Stock Award Agreement
Non-Employee Director Initial Restricted Stock Award Agreement • December 24th, 2008 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT dated as of the day of , , between MASSEY ENERGY COMPANY, a Delaware Corporation (the “Company”), and [ ] (“Participant”) is made pursuant and subject to the provisions of the Massey Energy Company 2006 Stock and Incentive Compensation Plan, as such plan may be amended from time to time (the “Plan”), a copy of which is attached. All capitalized terms used herein that are defined in the Plan have the same meaning given them in the Plan.

Amendment to Don L. Blankenship’s Special Successor and Development Retention Program
Special Successor and Development Retention Program • December 24th, 2008 • Massey Energy Co • Bituminous coal & lignite surface mining

This Amendment to Don L. Blankenship’s Special Successor and Development Retention Program entered into in or about September, 1998 by and between Fluor Corporation (the “Company”) and Don L. Blankenship (“Blankenship”) pursuant to which Blankenship is entitled to receive certain Sprigg, West Virginia property described therein by transfer of title to the house, garages and storage building, etc., free from income tax (the “House” benefit) is entered into on December 23, 2008 and is effective January 1, 2009 and provides as follows:

MASSEY ENERGY COMPANY Non-Employee Director Annual Restricted Stock Award Agreement
Non-Employee Director Annual Restricted Stock Award Agreement • December 24th, 2008 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT dated as of the day of , , between MASSEY ENERGY COMPANY, a Delaware corporation (the “Company”), and [ ] (“Participant”) is made pursuant and subject to the provisions of the Massey Energy Company 2006 Stock and Incentive Compensation Plan, as such plan may be amended from time to time (the “Plan”), a copy of which is attached. All capitalized terms used herein that are defined in the Plan have the same meaning given them in the Plan.

MASSEY ENERGY COMPANY Non-Employee Director Initial Restricted Unit Award Agreement
Non-Employee Director Initial Restricted Unit Award Agreement • December 24th, 2008 • Massey Energy Co • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT dated as of the day of , , between MASSEY ENERGY COMPANY, a Delaware Corporation (the “Company”), and [ ] (“Participant”) is made pursuant and subject to the provisions of the Massey Energy Company 2006 Stock and Incentive Compensation Plan, as such plan may be amended from time to time (the “Plan”), a copy of which is attached. All capitalized terms used herein that are defined in the Plan have the same meaning given them in the Plan.

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