Examples of KERP Participants in a sentence
A list of the 39 KERP Participants is attached hereto as Exhibit E.
Each participant under the KERP (a "KERP Participant") has previously executed a letter agreement (individually, a "KERP Letter" and, collectively, the "KERP Letters") wherein such KERP Participant's benefits under the KERP are particularly described.
KERP Participants, none of whom are insiders, receive payment for agreeing to remain with the Arcapita Group for a set period of time.
Purchaser has previously been provided the forms of the KERP Letters in addition to a current listing (pursuant to Section 5.4 of the Seller Disclosure Letter) of the KERP Participants.
Although some of the potential KERP Participants have titles like “director,” “vice president,” or “chief,” none is an “insider” of the Debtors.
The Court must be equally mindful of the key role that the KEIP and KERP Participants will play in bringing the sale of the Remaining Hospitals to a successful conclusion.
For the benefit of the KERP Participants, Purchaser agrees and acknowledges that the KERP Letters shall be on the list of Assigned Contracts and Leases on Schedule 2.1(b) and Purchaser shall assume and discharge all liabilities (such liabilities to be Assumed Liabilities hereunder) arising under the KERP, irrespective of whether any particular KERP Participant is a Transferred Employee.
Specifically, the KERP Participants do not include any employee who (a) is appointed or hired directly by the Board; (b) reports directly to the Board or CEO; (c) regularly attends Board meetings; (d) exercises managerial control over, or has responsibility for, the Debtors’ operations as a whole; or (e) dictates the Debtors’ overall corporate policy, governance, or disposition of corporate assets.
There are currently 32 KERP Participants, and the total potential aggregate payout under the KERP is approximately $1.208 million, inclusive of a $250,000 discretionary pool.
The KERP does not implicate section 503(c)(1) of the Bankruptcy Code because KERP Participants are all non-insiders.